Breijo pleads not guilty in murder charge

A Surrey man charged with four felonies, including murder, in connection with the Dec. 24, 2023, shooting death of Nicholas Van Pelt and the shooting of an alleged female victim, has pleaded not guilty to all charges after waiving his preliminary hearing.
Daniel Breijo, 40, Surrey, entered his waiver of the preliminary hearing and his not guilty pleas during a status conference in North Central District Court on Thursday. All parties including Breijo and Judge Daniel El-Dweek appeared via Zoom for the hearing. Breijo’s attorney Jesse Walstad and Assistant Ward County State’s Attorney Amanda Engelstad asked the court to schedule Breijo’s trial date a year out from the day’s hearing, to ensure ample time for potential witnesses and members of Van Pelt’s family to make their travel arrangements.
Breijo sought to have the preliminary hearing closed from the public and the media back in April, but El-Dweek denied the motion after much deliberation in June. El-Dweek said in his order denying the motion he was left, “unpersuaded that closure of the preliminary hearing is necessary in this case,” and that a variety of alternatives existed which could preserve Breijo’s right to a fair trial.
Breijo waived the preliminary hearing along with the reading of the information in the case, and pleaded not guilty to the charges of murder-extreme indifference, a Class AA felony; aggravated assault-firing-permanent loss or impairment, a Class B felony; and two Class C felonies of reckless endangerment-extreme indifference and terrorizing. A fifth count for simple assault on a peace or correctional officer was dismissed in August.
Breijo’s trial has been set for 10 days beginning Oct. 6, 2025, and concluding on Oct. 17, 2025. Walstad said he and Engelstad would be filing a joint stipulation agreement for the scheduling of the motion deadlines and pretrial conferences after the date was set on the court calendar.
Breijo faces a maximum sentence of life without parole for the murder charge, and up to 10 years in prison and five years in prison for the Class B and C felonies, respectively.