Federal Judge Orders DHS To Preserve Evidence In Pretti Shooting

U.S. District Judge Eric C. Tostrud issued a temporary restraining order late Jan. 24 barring the Department of Homeland Security from destroying or altering any materials related to the fatal shooting of Alex Jeffrey Pretti by a Border Patrol agent, according to court documents.

The order follows a lawsuit filed the same day by Minnesota Attorney General Keith Ellison, the Hennepin County Attorney's Office and the Minnesota Bureau of Criminal Apprehension seeking immediate preservation after state officials said federal agents blocked their access to the scene, according to court filings.

DHS Assistant Secretary Tricia McLaughlin denied in a televised statement that federal officials would destroy evidence and said the department is actively investigating the shooting, a position contested by state prosecutors and witnesses who say bystander video does not show Pretti brandishing a firearm.

Hennepin County Attorney Mary Moriarty said her office will review potential criminal conduct by the federal agents involved, and Republican Sen. Bill Cassidy called the situation "incredibly disturbing" as officials assess accountability and transparency.

Judge Tostrud scheduled a hearing for Monday afternoon to consider extending the restraining order and to decide whether federal agencies must turn over evidence to state investigators, which could shape the scope of parallel state and federal probes.