A federal judge late on Jan. 24 ordered the Trump administration to retain all evidence related to the fatal shooting of Alex Jeffrey Pretti during an altercation with U.S. Border Patrol agents in Minneapolis earlier that day.
Tostrud’s order granted the request from the Minnesota Bureau of Criminal Apprehension and Hennepin County prosecutors.
“The officers attempted to disarm the suspect but the armed suspect violently resisted,” DHS said in a statement. “This looks like a situation where an individual wanted to do maximum damage and massacre law enforcement.”
Critics of Homeland Security have called for a third-party, independent investigation into the incident.
“Federal agents are not above the law, and Alex Pretti is certainly not beneath it,” Minnesota Attorney General Keith Ellison said in a statement. “A full, impartial, and transparent investigation into his fatal shooting at the hands of DHS agents is non-negotiable.”
Ellison said the lawsuit was intended to “bar the federal government from destroying or tampering with any of the evidence they have collected” throughout the events related to the shooting.
“Justice will be done,” he added.
Homeland Security did not respond to a request for comment by publication time.
Tostrud wrote in his order that a hearing will be held at 2 p.m. local time on Jan. 26, where the federal government will have a chance to raise any objections to the order, including whether it “should remain in effect.” Any written responses or objections to the order must be filed by 12 p.m. on Monday, he added.
This is a developing story and will be updated.
