Key witness testimony reveals Alex Pretti intervened to protect fallen protester before Border Patrol agents fired ten shots in under five seconds
In a sworn declaration that directly contradicts federal authorities’ initial claims, an eyewitness to the fatal shooting of Alex Jeffrey Pretti has provided a detailed account describing the 37-year-old ICU nurse as a protector, not an aggressor, in the moments before Border Patrol agents killed him on a Minneapolis street.
The witness, a children’s entertainer and Minneapolis resident whose identity has been withheld for safety reasons, testified that Pretti was attempting to help a woman who had been shoved to the ground and pepper-sprayed by federal agents during an immigration enforcement operation on January 24, 2026. According to the sworn court declaration filed hours after the shooting, Pretti approached agents with his phone held high, attempting to shield the fallen woman, when officers tackled him and opened fire.
“The man did not approach the agents with a gun. He approached them with a camera,” the witness stated in the filing, part of an emergency legal action brought by the American Civil Liberties Union. “He was just trying to help a woman get up and they took him to the ground.”
The testimony fundamentally challenges the Department of Homeland Security’s characterization of Pretti as someone who “approached US Border Patrol officers with a 9 mm semi-automatic handgun” and “violently resisted” arrest. DHS Secretary Kristi Noem went further in initial statements, claiming Pretti “arrived at the scene to inflict maximum damage on individuals and to kill law enforcement.”
Video Evidence Supports Witness Account
Multiple videos verified by Reuters, ABC News, The Wall Street Journal, and the Associated Press appear to corroborate the witness’s version of events. The footage shows Pretti holding only his cellphone as he moved toward the woman on the ground. Frame-by-frame analysis conducted by several news organizations reveals that federal agents removed Pretti’s licensed 9mm handgun from his waistband after pinning him to the pavement—contradicting claims that he brandished the weapon.
“Four or five agents had him on the ground and they just started shooting him,” the witness stated in court documents. “They shot him so many times.” Forensic audio analysis confirms ten shots were fired in less than five seconds while Pretti was restrained on the ground.
The witness described arriving at the intersection of Nicollet Avenue and 26th Street after hearing community whistles—a warning system residents use to alert each other to immigration enforcement presence. Standing just five feet from Pretti when the shooting occurred, the witness detailed how a federal officer first shoved other observers, then began pepper-spraying three people including Pretti, who raised his hands before moving to assist the woman.
“I didn’t see him touch any of them—he wasn’t even turned toward them,” the court filing states. “It didn’t look like he was trying to resist, just trying to help the woman up. I didn’t see him with a gun.”
Professional Background and Community Standing
Pretti worked as an intensive care nurse at the Minneapolis VA Health Care System, where colleagues remembered him for his compassion and calm demeanor under pressure. He had no criminal record beyond traffic violations and held a valid permit to carry a concealed weapon—a constitutional right that even gun rights organizations like the National Rifle Association and Gun Owners of America have defended in the wake of his death.
The shooting occurred amid Operation Metro Surge, a heightened federal immigration enforcement initiative targeting the Minneapolis-Saint Paul metropolitan area. Pretti had been documenting these operations as a concerned citizen, filming federal activities while directing traffic away from enforcement zones on the morning he was killed.
Delayed Medical Response Raises Additional Questions
A second witness, a physician who rushed to the scene after hearing gunfire, provided testimony that federal agents initially prevented emergency medical care. The doctor stated in a court declaration that agents appeared to be counting bullet wounds rather than performing CPR, and that Pretti’s body was not positioned for proper life-saving treatment.
“None of the ICE agents who were near the victim were performing CPR,” the physician testified. The witness was initially barred from approaching Pretti because she wasn’t carrying her medical license, despite identifying herself as a doctor. When finally permitted to check for vital signs, she found no pulse and began chest compressions herself.
Federal Government’s Shifting Narrative
A preliminary internal review by Customs and Border Protection, obtained by congressional sources and reported by NPR, makes no mention of Pretti attacking officers or brandishing a weapon—key elements of the administration’s initial public statements. The report confirms that an officer pepper-sprayed Pretti and that a struggle ensued, but describes events that align more closely with eyewitness accounts than with early DHS claims.
The document reveals that during the altercation, an agent yelled “He’s got a gun!” multiple times. Approximately five seconds later, two officers discharged their service weapons. Only after the shooting did an agent report having secured Pretti’s firearm.
Minneapolis Police Chief Brian O’Hara expressed frustration with the federal handling of the incident, noting that his department recovered approximately 900 guns and arrested hundreds of violent offenders in the previous year “and we didn’t shoot anyone.” He emphasized that Pretti was a lawful gun owner with proper permits.
Evidence Preservation Battle
The shooting has sparked an unprecedented legal battle over evidence preservation. Minnesota’s Bureau of Criminal Apprehension, which typically investigates all law enforcement shootings in the state, was twice denied access to the scene by federal agents. State and county officials filed emergency lawsuits to prevent the destruction of evidence, resulting in a federal court order requiring DHS to preserve all materials related to the incident.
Court filings revealed concerning details about evidence handling. Pretti’s firearm was placed on a vehicle seat rather than in a sealed evidence bag with proper chain-of-custody documentation. His cellphone was also seized by federal agents, initially collected by the FBI before transfer to DHS. Body camera footage from multiple agents exists but has not been publicly released.
Bipartisan Calls for Independent Investigation
The killing has generated rare bipartisan criticism of federal immigration enforcement tactics. Republican senators including Ted Cruz, John Curtis, Lisa Murkowski, Susan Collins, and Rand Paul have called for comprehensive, independent investigations. Democratic lawmakers, including Representative Alexandria Ocasio-Cortez, have questioned the administration’s quick rush to judgment and highlighted contradictions between official statements and video evidence.
Minnesota Governor Tim Walz activated the National Guard to support local law enforcement and characterized federal officials’ control of the crime scene as “an inflection point in America.” Mayor Jacob Frey successfully sought a temporary restraining order aimed at limiting aspects of Operation Metro Surge.
Context of Escalating Tensions
Pretti’s death was the third shooting by federal immigration agents in Minneapolis within three weeks. On January 7, agents fatally shot Renée Good, a 37-year-old mother and U.S. citizen. A Venezuelan man, Julio Cesar Sosa-Celis, was shot in the leg by an immigration officer and survived. The incidents have generated widespread protests and vigils, with thousands gathering at locations across the Twin Cities region.
Federal officials initially claimed they were targeting an undocumented immigrant with a “significant criminal history.” However, the Minnesota Department of Corrections reported that after reviewing state and court records, the individual named had no criminal history in Minnesota beyond misdemeanor traffic offenses from over a decade earlier.
Witness’s Powerful Closing Statement
In her sworn declaration, the primary witness expressed both fear and determination. She reported hearing that federal agents were searching for her and that other witnesses had potentially been arrested and detained at the federally controlled Whipple Building.
“I am disgusted and gutted at how they are treating my neighbors and my state,” she wrote. “We show up for the people who need us to bear witness, because it can’t just be one group of people bearing the brunt of their tyranny. This is a struggle to protect our freedom and democracy, those things are on the line. He lost his life for those values.”
The witness concluded: “I declare under penalty of perjury that everything I have stated in this document is true and correct.”
As investigations continue, the contrast between the witness’s detailed, immediate testimony and the federal government’s evolving narrative has intensified scrutiny of immigration enforcement practices and raised fundamental questions about accountability, use of force protocols, and the protection of constitutional rights during federal operations on American streets.