Charges amended in Christmas Eve shooting | News, Sports, Jobs

Daniel Breijo

Charges against a Surrey man accused of a fatal Christmas Eve shooting last year have been amended following a motion filed by the state attorney.

Daniel Breijo, 39, of Surrey, was initially charged with Class AA murder and Class A attempted murder for the shooting that left Staff Sgt. Nicholas Van Pelt, 41, of Minot, dead and a woman injured. The victim was not identified due to a Marsy's Law filing.

Breijo had sought to have the murder charge dismissed on the grounds that alternative means of committing the offense charged under North Dakota law violated his due process rights.

Special Prosecutor Amanda Engelstad responded to the motion to dismiss by filing her own motion to amend the criminal information in the case, saying the amendments were appropriate after a careful review of the discovery information. The amended information refined the murder charge to only allege murder by extreme indifference.

Engelstad also moved to upgrade the attempted murder charge to Class B aggravated assault with a firearm causing permanent loss or impairment, reckless endangerment – extreme indifference and terrorizing – adult victim, both Class C felonies. A third Class C felony charge of simple assault on a peace officer or correctional officer filed previously was not amended.

District Judge Daniel El-Dweek signed the order on June 25 and granted Breijo’s attorney, Jesse Walstad, a motion to waive his client’s initial appearance hearing on the amended charges that had been scheduled for Wednesday. Breijo’s preliminary hearing is scheduled for the morning of Monday, Aug. 5, and will be open to the media and public due to a ruling by El-Dweek rejecting Breijo’s attempt to have it held in camera.