Daniel Breijo

A North Dakota telecom company and broadcaster is seeking to have the prosecutor’s subpoena quashed in a case against a former Homeland Security investigator charged in a fatal Christmas Eve 2023 shooting.

Daniel Breijo, 40, Surrey, is scheduled for trial in March 2026 for the murder of Airman Nicholas Van Pelt and the shooting of a surviving female victim. The female victim is identified as JB in court records due to a Marsy’s Law declaration.

This trial date was set in October after District Court Judge Danel El-Dweek denied a binding plea agreement in September between the parties, which would have reduced the murder count to manslaughter, a Class B felony. While the plea agreement was supported by special Ward County State’s Attorney Amanda Engelstad and Van Pelt’s family, the female victim strongly opposed the deal.

According to court documents filed in October, the state filed a subpoena against BEK Communications, compelling the company to provide any and all communications, documentation and unaired portions of interviews conducted with JB for an online documentary series that aired from December 2024-September 2025.

This documentary series was mentioned by Engelstad at the Sept. 4 change of plea hearing, at which she said the family was upset with speculation brought forward by JB regarding the murder during her interviews.

According to a brief filed by BEK Communications CEO Derrick Bulawa, his company contacted JB in December 2024 and conducted five interviews with her. Footage from these interviews appeared in 11 episodes of the series. BEK’s motion to quash described the state’s subpoena as a “clumsy and inappropriate fishing expedition,” which violated not only North Dakota’s journalist shield law but also the First Amendment.

BEK argued the state had deposed and could choose to re-interview JB again. BEK also said the subpoena failed to articulate the specific statement or material being sought.

A request for a hearing regarding the motion to quash has been filed, but a date has not yet been set, based on court records.