The Surrey man charged with a Christmas Eve 2023 shooting which left one man dead and left a woman with serious injuries has filed a motion to compel the state to provide the woman’s past medical records.

Daniel Breijo’s motion to compel discovery was filed in North Central District Court on Dec. 9, and seeks relevant psychiatric and medical records for the surviving witness, identified in court documents as J.B.

In a brief, Breijo cited information established in a toxicology report for J.B., which found she had used benzodiazepines and alcohol before the incident the evening of Dec. 24, 2023. Breijo said the state had furnished 18 sets of discovery but only produced J.B.’s medical records from the night of the shooting through Feb. 25, 2024.

Breijo’s motion acknowledged the parties had entered into a stipulated motion for a limited protective order to provide enhanced protection for J.B.’s medical records but claimed the state has failed to provide “complete and updated medical documentation for each alleged victim, including all medical, psychological and billing records.”

According to the brief in support of the motion, Breijo argued his request was made in light of J.B.’s deposition, wherein she testified as to her diagnosis and treatment without supporting records being produced. Breijo wrote benzodiazepines are often used illicitly, arguing J.B. ‘s treatment history and prescription records are necessary for the defense to prepare for cross-examination of the state’s primary witness. Breijo’s attorney Jesse Walstad provided two exhibits in support of the brief, showing his attempts to request the information from the state before the commencement of his client’s trial on March 16, 2026.

“With trial fast approaching, Mr. Breijo has no alternative but to move to compel to ensure a meaningful opportunity to defend himself,” Walstad wrote in the brief. In lieu of the state providing the requested records, Walstad proposed an “in camara” review of the records by the court to assess the relevance and impeachment value of them so the discovery order can be carefully tailored.

No hearing has been scheduled regarding the motion to compel discovery. The parties are scheduled to meet virtually on Dec. 17 at 9:30 a.m. for a hearing on a motion filed by BEK TV to quash a subpoena seeking unaired footage and documents from interviews conducted with J.B. for a documentary series regarding the case.