FAIRBANK – The family of a Dike man who allegedly died at the hands of his father in March has filed a civil suit against the father.
The Estate of Brock Niebuhr initiated the wrongful death action against Daniel Gail Niebuhr last week in Bremer County District Court in Waverly.
The suit, filed by attorney Eashaan VajPeyi of Ball, Kirk & Holm of Waterloo, is seeking a judgment to include punitive damages and legal costs.
The estate’s administrator is his wife, Lauren. The couple had one child.
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Authorities said Daniel Niebuhr, 59, shot his 36-year-old son in the neck while the two were at the father’s home in rural Fairbank on March 22.
The father has been charged with first-degree murder, but his criminal case has been put on hold in April pending a competency examination. He remains in custody.
In April The Courier reported that court records filed by the defense indicated Daniel Niebuhr first began to show signs of mental illness in December that included hallucinations and delusions. In an earlier incident, Daniel Niebuhr attacked his brother, and law enforcement had to subdue him with a Taser. He was hospitalized in a mental health ward for about 10 days.
On the night of the slaying, Daniel Niebuhr had ceased taking his medications and briefly left the house. After he was located, his wife left to pick up his prescriptions, and his son waited with him at the house, which is when the shooting occurred, according to the defense.