Daniel Breijo

A plea deal reducing a murder charge to manslaughter has been reached between state prosecutors and the Surrey man charged in the Christmas Eve 2023 shooting death of Master Sgt. Nicholas Van Pelt.

Danie Breijo, 41, Surrey, previously had pleaded not guilty in the death of Van Pelt and the shooting of an unnamed female victim the evening of Dec. 24, 2023.

Based on filings in North Central District Court on Monday, the proposed plea agreement reached with Special Ward County State’s Attorney Amanda Engelstad and signed by Breijo on Aug. 1 reduces the Class AA felony murder with extreme indifference to the value of human life to manslaughter, a Class B felony. Breijo also will plead guilty to one count of aggravated assault, a Class B felony, and one count of reckless endangerment, a Class C felony.

The parties proposed a concurrent sentence of 20 years with the Department of Corrections and Rehabilitation for the manslaughter and aggravated assault counts, with credit for time served since Breijo’s arrest. Breijo also would serve five years consecutively for reckless endangerment, which would be suspended pending the completion of three years of supervised probation. Breijo also would be ordered to have no contact with Van Pelt’s family or with the surviving female victim from the shooting.

The plea agreement assessed $775 in court fines and fees, which are to be waived in lieu of restitution. Breijo agreed to pay $6,039 to the North Dakota Crime Victims Fund, $9,260 to Van Pelt’s father and $1,750 to the female victim.

According to the court filing, the parties specifically agree this is not simply a sentencing recommendation but a plea agreement which is binding upon the state and the court unless District Judge Daniel El Dweek rejects it.

Breijo was an agent with the Department of Homeland Security at the time of the shooting, and Van Pelt was a U.S. airman assigned to the 119th Wing of the North Dakota Air National Guard and formerly a deputy with the Ward County Sheriff’s Department.

According to court documents, Minot Police were called to Van Pelt’s Minot apartment by a neighbor who heard eight shots fired. Officers forced entry into the apartment and located Van Pelt’s body in a hallway near the front door and the female victim lying in the laundry room. Breijo was found in the bathroom on his knees with his hands in the air and a black handgun on the ground next to him. Van Pelt was pronounced dead at the scene.

A pretrial conference had been scheduled in the case for Sept. 4, in anticipation of an 11-day jury trial to begin Oct. 6. Both dates are likely to be canceled. A change of plea hearing has not been scheduled yet, based on court records.