Statement #1: “An individual approached US Border Patrol officers with a 9 mm semi-automatic handgun” DHS Secretary Kristi Noem said in a news conference, adding that the suspect was “brandishing” a firearm.
Video shows Pretti had no visible firearm in his hands or on his body in the minutes before he interacted with immigration officers but was using a cell phone to record immigration raids in the area. This is allowable under the First Amendment, as long as it doesn’t interfere with law enforcement activity, such as an arrest.
The officers do not draw their firearms on Pretti, which would be standard training for how federal law enforcement should react if they see a suspect brandishing a gun.
The federal legal definition of “brandishing” is broad, stating that it doesn’t require the weapon to be directly visible, but that its presence is used to intimidate. There is no evidence from the video that Alex Pretti was using a gun for this purpose.
Statement #2: “This looks like a situation where an individual arrived at the scene to inflict maximum damage on individuals and kill law enforcement.”
One of the videos shows Pretti carrying a cell phone in his right hand and appearing to film immigration officers and agents in the area. It’s not yet known if he had had previous interactions with the officers or if this was the first encounter. The officers push him back by his chest to the curb; Pretti continues to keep his phone up, filming the interaction.
In another video, he is seen trying to help up a woman who is steps away and whom a masked officer has pushed down into the ice on a curb. Pretti immediately steps between the two, putting his left hand near the officer, who then pepper sprays him. Pretti raises his left arm and then lowers it as he turns around toward the woman who has been pushed down, the officer now behind him as he knocks Pretti to the ground, joined by several other agents.
Statement #3: “The officers attempted to disarm this individual, but the armed suspect reacted violently.”
Pretti is seen struggling at first when at least three officers knock him to the ground, eventually joined by four more, but appears to be largely held down with his stomach to the ground and his arms in front of his body. Several moments into the officers’ effort to detail and control Pretti, an officer can be heard on video calling out “gun,” apparently to make fellow officers aware. Within a second or two, an agent fires the first shot. Pretti’s body crumples onto the ground.
A source close to the DHS probe told MS NOW that Pretti had a firearm in his holster, which agents retrieved at some point in the interaction. Minneapolis’ police chief said Pretti was a legal owner of a weapon with a permit to carry it.
Statement #4: “Fearing for his life and the lives of his fellow officers around him, an agent fired defensive shots.”
Video shows Pretti’s hands pinned in front of him on the ground until he is shot, with no evidence he reached for a weapon. Some video clips appear to show another officer reaching towards Pretti’s waistband, retrieving something with his hand that looks like a gun, and stepping away. At roughly the same moment of the officer’s movement away from the suspect and has retrieved with his hand an object that appears to be a gun, someone can be heard saying “gun.”
The border patrol agent fires within a second or two of the officer retrieving this object. A total of ten shots were fired. In the aftermath of the shooting, however, video shows two officers desperately searching the dead man’s body and one yells emphatically, “Where’s the gun?” One officer over the body — and it’s not clear which — yells, “I need scissors. I need someone to cut this shit,” as he tugs at the dead man’s clothes.
Multiple seasoned law enforcement officers told MS NOW that they have been unable to see the justification for the shooting. Some said the video of the officers searching for a gun on Pretti’s dead body suggests to them that the agent who shot Pretti did so believing he had a weapon on his person that was an imminent threat when a fellow officer said “gun.”
If that is true, the officer may have wrongly believed Pretti posed an active threat to his life and the life of others. Earlier video of the fracas suggests instead that the firearm had been safely retrieved and the threat was removed.
Former FBI agent Rob D’Amico said that simply hearing the word “gun” does not authorize an officer in a scuffle to shoot to kill. “You have to see that gun be in a position for it to be used,” D’Amico said. “Many, many times I’ve been in situations like this, the gun has fallen on the ground and someone yelled ‘gun,’ and we didn’t just blindly shoot the person.”
Minneapolis Police Chief Brian O’Hara said in an interview on Face The Nation on Sunday that the videos make clear Pretti was simply engaging in his legal right to free speech, and did not start the confrontation with officers. He said the volume of shootings by “Operation Surge” officers makes plain that their protocols and methods are flawed and dangerous.
“The Minneapolis Police Department went the entire year last year recovering about 900 guns from the street, arresting hundreds and hundreds of violent offenders, and we didn’t shoot anyone,” O’Hara said. “And now this is the second American citizen that has been killed. It’s the third shooting within three weeks.”
Additional reporting contributed by Ken Dilanian
Carol Leonnig is a senior investigative reporter with MS NOW.