State prosecutors in the Nicholas Van Pelt murder case pushed back against a North Dakota broadcaster’s motion to quash a subpoena, writing in their response the unaired footage and communications between the broadcaster and the surviving witness in the case are essential to ensure justice is delivered for both parties.

Daniel Breijo, 40, Surrey, has been charged with five felonies stemming from the Dec. 24, 2023, shooting which left Van Pelt dead and the surviving female victim, identified in court records as JB, with serious permanent injuries.

Special Ward County State’s Attorney Amanda Engelstad’s subpoena seeks to compel BEK Communications to provide all communications, documentation and unaired portions of interviews conducted with JB for an online documentary series that aired from December 2024-September 2025.

Engelstad argued BEK TV’s series was an attempt to “tenuously tie” the Minot shooting to the allegations and events surrounding a former defense and aerospace manufacturing plant in Dunseith. Many of the episodes in the series included commentary from JB, which Engelstad said put forward intimate details of the allegations in the Breijo case and of events leading up to the incident.

“These details have been aired pretrial and pre-conviction. The airing of these interviews also happened after depositions in the case were already taken. The state was unaware that interviews were taking place at the time of the deposition,” Engelstad wrote.

While BEK’s motion to quash described the subpoena as a “fishing expedition,” Engelstad argues it was BEK’s decision to run the “salacious series” before a resolution was brought in the case. Engelstad wrote the state has a duty to attempt to procure the information and any unaired portions of the interviews so it can be determined if the broadcaster possesses any impeachment information – indicating JB has been dishonest in depositions – or exculpatory evidence – indicating the defendant’s innocence.

“Because JB is the only surviving victim and eyewitness in this case, every statement she makes is relevant,” Engelstad wrote.

Shield Law

Engelstad also pushed back against BEK’s argument that it is protected by North Dakota’s Shield Law, arguing that quashing the subpoena would be “an absolute miscarriage of justice” for the state and defendant given the seriousness of the charges against Breijo.

Engelstad cited precedent from a 1982 case in which a North Dakota newspaper was ordered to hand over unprinted photos of an automobile-motorcycle accident. The newspaper sought a supervisory writ from the North Dakota Supreme Court, which found the district court had not abused its discretion by ordering the newspaper to supply the photos.

Engelstad wrote the Supreme Court’s ruling created a balancing test, which she feels is appropriate to determine whether the refusal to require disclosure would result in a miscarriage of justice. This test weighs public interest in the free flow of information against other important interests, such as the necessity of the information to the case in question, and if other reasonable means exist by which the information can be obtained.

BEK’s motion to quash had argued the state could simply depose JB a second time, but Engelstad maintained the best way for the state and the defense to ensure they have all necessary information is for the subpoena to stand and BEK be ordered to provide the requested footage, documents and information.

Engelstad further argued BEK provided no evidence for its claim that the subpoena would have a “chilling effect” on confidential witnesses and sources working with North Dakota media. She pointed out BEK had identified JB, showing her face, in the series and in its motion to quash, despite JB having invoked her Marsy’s Law rights. Marsy’s Law gives the victims of crimes the right to refuse interviews and prevents disclosure of identifying information.

Engelstad argued BEK’s First Amendment protections will not be violated if the court orders the enforcement of the state’s subpoena, and called on Northwest District Judge Daniel El-Dweek to dismiss its motion.

BEK Communications CEO Derrick Buwala was contacted for comment, but a response was not received before deadline. No hearing date has yet been scheduled regarding the motion to quash, based on court records.