Minot, North Dakota — A proposed plea agreement that would have reduced the murder charge against Daniel Breijo was denied by Northwest District Court Judge Daniel El-Dweek on September 4. Breijo, 41, is charged with the murder of Nicholas Van Pelt, a serviceman, on Christmas Eve 2023. The rejection came during a change of plea hearing in North Central District Court.
Breijo was facing a Class AA felony murder charge, which would have been lowered to Class B felony manslaughter if the plea was accepted. Under the terms of the deal, Breijo would have served a concurrent 20-year sentence at the North Dakota Department of Corrections and Rehabilitation, followed by three years of supervised probation. Special prosecutor Amanda Engelstad, appointed after the Ward County State’s Attorney’s office recused itself, argued for the agreement, noting that it was a result of thorough discussions with Van Pelt’s family and investigators.
Engelstad expressed that the victim’s family desires closure in what has become a highly publicized case. She revealed that they had been distressed by media speculation surrounding the incident and were eager to avoid the uncertainties of a jury trial.
Breijo’s attorney, Jesse Walstad, emphasized that the case has involved extensive investigation and discovery over a significant period. He urged the court to accept the plea agreement, stating that it represented a more accurate reflection of what transpired on December 24, 2023. Walstad highlighted the absence of specific intent and deliberate actions from Breijo as key considerations in the plea negotiations.
According to court documents, Breijo allegedly left his home armed and went to a local establishment to watch a football game. After being invited by Van Pelt to join him and another victim for Christmas Eve festivities, Breijo reportedly consumed significant amounts of alcohol. The shooting occurred around 8:42 p.m. as Van Pelt and the second victim checked on Breijo, who had isolated himself in a spare bedroom. Following the incident, Breijo remained in the adjacent bathroom until authorities arrived.
A toxicology report revealed that Breijo’s blood alcohol concentration was measured at 0.279 nearly five hours post-incident, while experts estimated it to be between 0.325 and 0.465 during the shooting. Medical sources indicate that such levels present serious health risks, including potential loss of consciousness and even fatal consequences.
In court, Walstad acknowledged a victim impact statement submitted by the unnamed female victim opposing the plea deal but suggested it primarily pertained to other charges that the agreement sought to address.
Engelstad informed the court that the female victim retained a Marsy’s Law attorney, who opted not to comment during the proceedings. Judge El-Dweek did not allow her to give a statement but ultimately declined the plea agreement at that time, raising questions about whether the scheduled trial for October 6 would proceed without delay.
Following the judge’s ruling, Walstad indicated the possibility of various pre-trial motions being filed, prompting a need for a scheduling conference to assess the trial date’s viability.
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