Judge Blocks DHS Evidence Destruction

DHS BLOCKED BY JUDGE

A federal judge issued a restraining order against the Department of Homeland Security after Border Patrol agents fatally shot a legally armed U.S. citizen who was filming their immigration enforcement operation, sparking a fierce battle between federal authorities and Minnesota officials over what the video evidence actually shows.

Story Snapshot

Border Patrol agents shot Alex Pretti, a 37-year-old ICU nurse and legal gun permit holder, at least 10 times during a Minneapolis immigration enforcement operation
DHS claims Pretti approached with a handgun, intending to “massacre law enforcement,” but verified video shows him holding a cellphone before being pepper-sprayed and wrestled down
U.S. District Judge Eric Tostrud granted a restraining order preventing DHS from destroying evidence after the agency initially blocked state investigators
Gun rights groups are challenging the federal government’s justification for using deadly force against a citizen exercising his Second Amendment rights

Federal Agents Kill Legal Gun Owner at Immigration Protest

Border Patrol agents fatally shot Alex Jeffrey Pretti on January 24, 2026, at 26th Street and Nicollet Avenue in Minneapolis during an immigration enforcement operation. Pretti, a 37-year-old ICU nurse at the Minneapolis VA hospital, held a valid carry permit and had no criminal record.

Two agents fired at least 10 shots over five seconds while approximately six agents wrestled Pretti to the ground. DHS claimed Pretti approached agents with a 9mm handgun intending to massacre law enforcement, but multiple videos verified by Reuters, BBC, CBS News, and The Wall Street Journal contradict this account.

Judge grants restraining order against DHS after Border Patrol kills Alex Pretti in Minneapolis https://t.co/O7EMH318fg

— Arthur Caplan (@ArthurCaplan) January 25, 2026

Video Evidence Contradicts Federal Narrative

Bystander videos show Pretti holding a cellphone and filming agents approximately 28 seconds before the shooting. The footage captures him helping a woman whom an agent had pushed to the ground, wrapping his arm around her. Agents then pepper-sprayed Pretti before shoving and wrestling him down.

One agent emerged from the scuffle with a gun drawn less than one second before opening fire. Frame-by-frame analysis by BBC confirmed Pretti did not brandish a weapon before being attacked. Minnesota Governor Tim Walz reviewed the videos and dismissed the DHS account as “nonsense,” highlighting the stark divide between federal claims and documented evidence.

Court Orders Evidence Preservation After Federal Obstruction

U.S. District Judge Eric Tostrud granted a temporary restraining order on January 24, 2026, preventing DHS from destroying or altering evidence from the scene. The Minnesota Bureau of Criminal Apprehension and Hennepin County Attorney’s Office sought the order after DHS blocked state investigators despite a valid warrant.

Federal authorities removed items from the scene and relocated the involved agents for their safety while maintaining the self-defense narrative.

Minneapolis Police Chief Brian O’Hara confirmed Pretti’s valid carry permit and requested BCA re-access to the scene for witness interviews and evidence collection. The federal obstruction raises serious questions about accountability and transparency in law enforcement operations.

Second Amendment Rights Under Fire

Gun rights groups are challenging the federal government’s justification for the shooting, arguing that Pretti’s legal possession of a firearm cannot legitimize deadly force when video evidence shows no threatening behavior. Pretti’s gun was recovered at the scene with two magazines but no identification, and he was legally permitted to carry it.

This case strikes at the heart of Second Amendment protections—if federal agents can claim self-defense against any citizen who legally carries a firearm, it effectively criminalizes constitutional rights. The killing follows another controversial shooting on January 7, 2026, when ICE agents fatally shot Renée Good, intensifying concerns about excessive federal force during immigration operations.

The incident exposes dangerous federal overreach where law enforcement appears willing to justify lethal force based on claims contradicted by their own video evidence. Pretti was a productive citizen—an ICU nurse serving veterans—exercising his First Amendment right to document government actions and his Second Amendment right to bear arms.

The DHS narrative that he intended to massacre law enforcement crumbles under scrutiny when videos show him using a phone to film and helping a woman agents had knocked down.

The fact that federal authorities attempted to block state investigators and remove evidence before a court intervened suggests awareness that their account would not withstand examination. This represents government overreach at its most troubling, where federal agencies prioritize protecting their narrative over truth and accountability.