Daniel Breijo

The attorney of the man charged with murder in the 2023 shooting death of Nicholas Van Pelt has applied for a court appointed attorney after his current lawyer filed a motion seeking to withdraw earlier this week.

Attorney Jesse Walstad, who has represented Daniel Breijo since his initial appearance in North Central District Court on Dec. 26, 2023, filed a motion seeking to withdraw on April 13. According to the filings, Walstad identified Breijo’s failure to make full and timely payment in accordance with the representation agreement with the Vogel Law Firm as the primary issue leading to the motion to withdraw. Walstad said payment deadlines were extended, but that Breijo has still been unable to provide reasonable assurance of payments in the future.

Walstad argued in a brief that special Ward County State’s Attorney Amanda Engelstad had been notified, and had no objection to his withdrawal, and that he has taken all required steps to ensure Breijo and his new representation will be adequately prepared for the trial presently scheduled to commence Oct. 19.

“The undersigned has completed all briefings and hearings necessary to resolve all pending motions and the interlocutory appeal. Counsel of record has discussed the need to withdrawal with the prosecutor and will pursue an amended scheduling order to ensure Mr. Breijo will have time to apply for indigent defense counsel and secure substitute counsel without any negative consequence of the undersigned’s withdrawal,” Walstad wrote.

Walstad didn’t request a hearing on the motion, and Breijo filed an application for indigent defense services on Tuesday, April 14.

This development comes just weeks after a key evidentiary hearing concerning a slew of motions from both sides seeking to compel disclosures and suppress critical evidence and information from being admitted. Engelstad and Walstad both filed a series of closing arguments on April 13 regarding the various pending motions, but at this time no rulings have been made by District Court Judge Daniel El-Dweek.

A scheduling conference is set for Monday, April 20.