Convicted in '69 murder, Costello sentenced to up to 17 years in prison

SARATOGA SPRINGS -- The man convicted last October in the 1969 murder of David Bacon, has been sentenced to five and two-thirds years to 12 years in prison. 

Costello, 63, admitted to shooting Bacon in 1969 in a love triangle dispute. Bacon was engaged at the time to a woman Costello was reportedly in love with.

During sentencing today, Costello cried and apologized to Bacon's brother-in-law, Donald Miles, who made a victim impact statement.

Under the 1969 sentencing guidelines, Costello could be released after serving just more than 5 years. He has agreed to help find Bacon's body, which authorities believe is buried somewhere in Virginia. 

Costello was a Waterford town constable at the time. At the time of his arrest last year, Costello was living in Arizona. 

A tip passed along by Costello's sister in 2008 led to his arrest.

The Saratoga County DA's office released the following timeline in the Costello investigation: 

People v. Nelson Costello Saratoga County District Attorney’s Office 

April 10th and 11th 1969

On April 10, 1969, at approximately 11:30 pm, 22 year old David Bacon went missing. Witnesses, who were with Dave the night he went missing, report that nothing suspicious or out-of-the-ordinary occurred before 11:30 that night. Dave and his fiancé, Mary Haughney, went to Mary’s cousin’s house where she lived with her husband in Cohoes. in Pleasantdale, where he lived with his mother, his sister, Ann Miles, his sister’s husband, Don Miles, and Ann and Don’s two children, D.J. Miles, (age 6 at the time) and Dave Miles (age 2 ½ at the time). Anna Mae and Ann are deceased.

Don remembered getting two phone calls from Dave’s now deceased brother, Bill, who also worked at Behr Manning Company, asking where Dave was and why he hasn’t picked him up for work. He discovered Dave’s ’65 Mustang parked off to the side of the road in front of 119 New Turnpike Road in Lansingburg, half way to Dave’s brother’s house, facing a direction that would be consistent with driving to his brother’s house at 655 Fifth Avenue in Lansingburg. There was no sign of Dave. Don found the car unlocked with the keys in the ignition in the off position. He also noticed Dave’s lunchbox in back of the driver’s seat with his lunch still inside. Don continued to Dave’s house, but there was still no sign of Dave.

The next morning, Dave was still nowhere to be found. Nothing was wrong with the car mechanically and there were no obvious signs of foul play.

March 17, 2008

On March 17, 2008, Nelson Costello’s sister heard from a former girlfriend of Costello’s that her brother killed a man only known as “Mary’s boyfriend” in the Troy area sometime around 1968. Costello’s sister and niece then contacted a minister in their home state of North Carolina who then called the Troy Police Department on their behalf. The case was then transferred to the State Police Major Crime Unit as a result of discovering that the State Police handled the original missing person case in 1969.

September 17, 2008

On September 17, 2008, Costello’s former girlfriend, while working with the State Police, recorded a conversation with Costello corroborating her earlier statement that Costello killed a man back in that era. Costello makes no mention of the man’s name that he killed, only that what he did was a permanent thing and that he wished he never told her about it.

October 7, 2008

One of the witnesses mentions the name of a friend Costello had in Virginia who helped Costello after he killed “Mary’s boyfriend.” Investigators locate the witness named, who was forthcoming with information that Costello came by his workplace in 1969 and informed him that he shot a man and needed to find a place to bury the body. That witness gave Costello a shovel and directed him to a place.

Costello was interviewed in Arizona. He confirms that he knew Mary, that he was a Waterford Constable, and that he carried a .38 or .357 caliber pistol that he then sold to another constable he could not name right before he resigned as constable during the late spring/early summer of 1969. Costello denied killing anyone and when confronted with a portion of the audio recording, claimed he was talking about something that occurred while he was in the service in 1967 or 1968.

October 11 - November 25, 2008

Initially Costello wanted his former girlfriend to fly out to Arizona so that he could “talk” to her and so that he could “refresh her memory.” When it became apparent that she would not fly out to Arizona, Costello suggested that they fly to Las Vegas to “get married” so that she “wouldn’t have to testify against him.” He told her she could get his “pension” and “everything he had if he went away.”

January 30, 2009

Costello was also involved in a car accident in Albany area with the rental car that he did not report to the police. Costello was apprehended and arrested by the State Police after he was seen driving towards his nephew’s house in Cohoes, NY, where he had stayed the previous night. The nephew was never informed by Costello that Costello was being investigated for Murder.

February 5, 2009

A grand jury indictment was returned against Nelson Costello for Murder and two counts of Tampering with a Witness in the Fifth degree and Costello is arraigned

January 15, 2010

Based on the entire investigation into the disappearance of David Bacon and the prosecution of Nelson Costello, the following facts can now be established.

Costello kept showing up at Mary’s workplace. Costello knew about Bacon through Mary, but Bacon never knew anything about Costello.

On April 10, 1969, Costello told friends and family he was going out of town. He stayed at a nondescript motel in Troy the previous night and he rented a car from a rental company at the Colonie airport. At approximately 11:30 pm, Costello got Bacon to pull over. Once Costello was satisfied that it was Bacon he told Bacon in sum and substance, --I need you to come with me. I am a police officer and my captain needs to speak with you. You are a suspect in a crime and I need you to come with me to answer some questions to straighten the matter out -- Bacon complied. Costello drove Bacon to the area known as Riberty’s Grove.

Costello then used his .357 caliber Smith and Wesson model 19 that he carried as a Waterford constable to shoot Bacon three times in the chest. Costello placed Bacon in the trunk of the rental car and drove non-stop through the night to Lynchburg, Virginia. Costello showed up at a friend’s workplace unannounced. The friend gave him a shovel, drove him to a location along the James River. Costello buried Bacon on a riverbank of the James River.