Daniel Breijo

On Sept. 26, a district judge was asked to reconsider his prior ruling denying a plea agreement proposed by the State in the case of the Surrey man charged in a fatal Christmas Eve 2023 shooting.

Daniel Breijo’s attorney Jesse Walstad and Special Ward County State’s Attorney Amanda Engelstad filed a letter to District Judge Daniel El-Dweek, writing the parties and the family of victim Nicholas Van Pelt were confused as to why he did not provide a reason for his rejection of the plea agreement.

The parties noted at the Sept. 4 change of plea hearing in Minot, after considering the agreement between the parties, El-Dweek stated he would be rejecting the plea agreement, “at this time.”

The parties further stated Van Pelt’s family and Breijo both wished to achieve a good faith resolution that would not involve a jury trial. The letter argued jury trials do not provide enough certainty and can be taxing on the families of victims.

“The parties negotiated in good faith and very diligently for close to a year to reach a meaningful good faith resolution that was acceptable to the victim’s family and the defendant while still serving the interests of justice,” the parties wrote. “On September 4, 2025, this Court gave no feedback to the parties as to why the plea was being rejected ‘at this time.'”

The parties contended El-Dweek “lacks full access to the information concerning the underlying events and the strong factual basis supporting the proposed agreement.”

To that end, the parties requested the Court consider a proposed “pre-plea presentence investigation,” which would involve additional psychological examination. The parties said they hoped the additional information and further assurances from Van Pelt’s family would help El-Dweek “meaningfully consider the negotiated outcomes.”

The parties also acknowledged El-Dweek’s possible trepidation at accepting a plea agreement in light of the surviving female victim’s strenuous opposition to the proposal due to the reduction of the Class AA felony murder count against Breijo to a Class B manslaughter charge for a total of 20 years with the Department of Corrections and Rehabilitation.

However, the parties argued the surviving victim’s, identified in court documents as J.B., Marsy’s Law rights were shared with Van Pelt’s family, who “should be given the weightiest voice when this Court considers any further plea agreements.”

The parties ended their letter proposing El-Dweek offer some clarity behind his decision to deny the plea agreement, and requesting he consider the proposed pre-plea PSI, so the Court would be able to collect and review information they believed supported their stipulated pathway toward an outcome both parties desired given the facts and circumstances involved.

No additional hearings have been scheduled in this case at this time according to court records.

According to the stipulated motion for the Pre-Plea PSI, the final report from the investigation must be completed and disclosed to the Court and the Parties prior to any plea of guilty; within 45 days.

El-Dweek accepted the stipulation on Oct. 7. But on Oct. 14, Amy Brooks, a special investigator at the Ward County Probation and Parole sent a letter to El-Dweek informing the Court a pre-plea risk of future violence assessment was in the process but encountering road blocks.

Brooks wrote the Department of Health and Human Services had responded saying they were unable to conduct the assessment/evaluation due to it being “a pre-plea situation.” Brooks did assure El-Dweek she has been able to work on other aspects of the pre-plea PSI, but that she required guidance regarding the future violence assessment.