Daniel Breijo

The charges against a Surrey man charged in a fatal shooting on Christmas Eve last year have been amended following a motion filed by the state prosecutor.

Daniel Breijo, 39, Surrey, was initially charged with Class AA felony murder and Class A felony attempted murder for the shooting, which resulted in the death of Master Sgt. Nicholas Van Pelt, 41, Minot, and left a female victim injured. The female victim has not been identified due to a Marsy’s Law declaration.

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

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

Engelstad also motioned to replace the attempted murder charge with Class B felony 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 of 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’s motion to waive his client’s initial appearance hearing for the amended charges that had been scheduled for Wednesday. Breijo’s preliminary hearing is scheduled for the morning of Monday, Aug. 5, which will be open to the media and public due to a ruling by El-Dweek rebuffing Breijo’s attempt to have it closed.