After nearly 40 years, a family finally has answers and perhaps some peace and closure. The man who admitted in October to killing someone he considered a romantic rival 40 years ago, was sentenced in Saratoga County Court on Friday, Jan. 15, to a maximum of 17 years in state prison.
Nelson Costello, 63, pleaded guilty this October to Manslaughter in the First Degree, a felony, and admitted he `killed David Bacon` on April 10, 1969 in Waterford. Because the killing took place 40 years ago, the judge was required to sentence using the laws from that time period. The minimum sentence is 5 2/3 years.
Bacon’s remains have never been found and Saratoga County District Attorney Jim Murphy said a search for them will hopefully commence in the spring.
At the sentencing, Bacon’s brother-in-law Don Miles addressed the court and a group of relatives, saying for 39 years the family `suffered the agony of not having Dave in [their] lives and not knowing what happened to him.` Miles said the family always suspected something sinister had occurred because `Dave never let his family down the only way someone could stop Dave from being with his family is if he were kidnapped or killed.`
Miles told Costello, `instead of walking away like a man, you cowardly kidnapped and killed a real man.` He said there was irony because `one of the worst examples of mankind, in cold blood, took the life of one of the best examples of mankind there ever was.`
Bacon was 22 years old when he disappeared on his way to pick his brother up from work around 11:30 p.m. on April 10, 1969. That night, Costello, who was a Waterford constable, told Bacon he was a police officer and his captain wanted to question him about a crime. Bacon went with Costello, who drove to Riberty’s Grove in Waterford and shot Bacon three times in the chest with a .357 caliber handgun. He then placed the body in the trunk of his car and drove straight through to Lynchburg, VA where he enlisted the help of a friend and buried Bacon’s body along the embankment of the James River.
Forty-years later, Costello was living in Arizona but was arrested on a trip back to New York State after his sister learned from one of Costello’s former girlfriends that he had killed `Mary’s boyfriend` and turned him in to police.
Murphy said he was extremely happy with the resolution of this `difficult case` and `this case has been 40 years in the discovery and two years in the investigation. Finally, today, we have concluded a major chapter in this family’s life. Let’s hope the next chapter is one of healing and peace.`
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