Federal Judge Tells DHS Not To Destroy Evidence From Pretti Shooting

Federal Judge Tells DHS Not To Destroy Evidence From Pretti Shooting

By Mark Tanos

A federal judge ordered the Department of Homeland Security (DHS) to preserve all evidence connected to the fatal shooting of Alex Pretti by a Border Patrol agent in Minneapolis.

U.S. District Judge Eric Tostrud issued a temporary restraining order late Saturday that bars DHS from destroying or altering any materials tied to the Jan. 24 shooting, The Hill reported. The Minnesota Bureau of Criminal Apprehension, the Hennepin County attorney’s office and the state attorney general’s office filed the lawsuit against DHS, Immigration and Customs Enforcement (ICE), Customs and Border Protection, and U.S. Border Patrol. A hearing is set for Monday.

DHS pushed back against the lawsuit. Assistant Secretary Tricia McLaughlin told Fox News that “any claim that the federal government would ‘destroy’ evidence is a ridiculous attempt to divide the American people and distract from the fact that our law enforcement officers were attacked — and their lives were threatened — yesterday.” (RELATED: Ilhan Omar, Democrats Demand ICE Leave Minnesota After Man Fatally Shot By Border Patrol)

“We are actively investigating this matter and will continue to do so as we do for any officer involved shooting,” McLaughlin added.

State officials said federal agents blocked them from the scene even after they obtained a signed judicial warrant, CBS News reported. Tostrud, a Trump appointee from his first term in 2018, scheduled a hearing for Monday afternoon to consider extending the order.

Republican Sen. Bill Cassidy of Louisiana called the situation “incredibly disturbing” and said the “credibility of ICE and DHS are at stake.”

Pretti, 37, worked as an ICU nurse at the Minneapolis VA hospital. Minneapolis Police Chief Brian O’Hara said Pretti legally owned a firearm and held a valid carry permit. He had no prior criminal history and had only encountered police over minor traffic violations, according to NPR.

DHS claimed Pretti approached agents with a 9mm handgun and resisted when they tried to disarm him. Bystander videos reviewed by multiple outlets have not shown Pretti brandishing a firearm before the shooting.

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