Trump admin barred from ‘destroying or altering’ Alex Pretti shooting evidence
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A federal judge in Minnesota blocked the Trump administration from “destroying or altering evidence” in Saturday’s deadly shooting involving a Border Patrol agent in Minneapolis.
The decision comes after the Hennepin County District Attorney’s Office and the Bureau of Criminal Apprehension filed a lawsuit Saturday to prevent the destruction of evidence in the shooting death of Alex Pretti, a 37-year-old Minneapolis resident who was killed by a Border Patrol agent during an immigration enforcement operation.
According to the Department of Homeland Security (DHS), Pretti approached Border Patrol agents armed with a 9mm handgun and “violently resisted” when they attempted to disarm him.
The lawsuit, filed in the U.S. District Court for the District of Minnesota, names DHS, Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP) and U.S. Border Control, and Attorney General Pam Bondi as defendants.
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Minnesota Attorney General Keith Ellison said state officials filed the lawsuit to prevent federal agencies from destroying evidence in the fatal shooting of Alex Pretti. (Reuters/Tim Evans)
Groups represented by the Minnesota Attorney General’s Office said the lawsuit was accompanied by a request for a temporary restraining order asking the court to immediately prevent the defendants from destroying any evidence related to the shooting.
In granting the temporary injunction, Judge Eric Tostrud wrote that federal authorities and those acting on their behalf cannot destroy evidence taken from the scene of the shooting in South Minneapolis or that is currently in private custody, which state officials have previously said they were prohibited from examining.
Tostrud scheduled a hearing Monday to review the decision.
“As I said earlier today, I will not rest, my team will not rest until we do everything we can, everything within our authority, to ensure transparency and accountability,” Hennepin County Prosecutor Mary Moriarty said in a statement. he said. “Our office has the authority to review this matter for potential criminal conduct by the federal agents involved, and we will do so.”
Moriarty added that the case is just one of the actions his office has taken “to ensure that a thorough and transparent investigation can be completed at the state level.”
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This undated photo provided by Michael Pretti shows Alex J. Pretti, who was shot by a federal officer in Minneapolis on Saturday, January 24, 2026. (Michael Pretti via AP)
In announcing the lawsuit, Minnesota Attorney General Keith Ellison argued that “federal agents are not above the law, and Alex Pretti is certainly not below the law.”
“A full, impartial and transparent investigation into the fatal shooting by DHS agents is non-negotiable,” he said in a statement. “Minnesota law enforcement is currently conducting such an investigation, and it is critical that evidence collected by federal agents be preserved and turned over to state authorities. Today’s lawsuit seeks to prevent the federal government from destroying or tampering with the evidence it has collected.”
“Justice will be served,” Ellison added.
Fox News Digital has reached out to the White House, Department of Homeland Security and Department of Justice for comment.
In a separate statement, Ellison said he shared the “intense sadness and anger” over Pretti’s shooting death during the Trump administration’s Operation Metro Surge.
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Attorney General Pam Bondi spoke on Fox News Live about the CBP-involved shooting in Minnesota on Saturday, Jan. 24. (Fox News Live)
He said his office will argue in court on Monday to end “this illegal and unconstitutional occupation of our cities and the terrorism and violence it has caused.”
The Department of Homeland Security said it is conducting an investigation into the shooting.
Pretti was a critical care nurse for the U.S. Department of Veterans Affairs. Although paramedics immediately provided help, Pretti was pronounced dead at the scene.
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Fox News Digital’s Alexandra Koch contributed to this report.
