...
By Khaleda Rahman
National Correspondent
0
Share
Newsweek is a Trust Project member
See more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.
Supporters of President Donald Trump have seized on new videos of a confrontation between Alex Pretti and federal immigration agents 11 days before his fatal shooting.
Videos that emerged on Wednesday show Pretti, a 37-year-old intensive care nurse, was forcefully taken to the ground by federal agents after kicking out the taillight of their vehicle during an encounter on January 13.
Then on January 24, Pretti was fatally shot in a separate encounter with Border Patrol officers.
Read More on News
The killing has intensified protests and prompted a fierce backlash as videos of the shooting captured by bystanders undermined claims from the Trump administration that the agents had fired "defensively" after Pretti had approached the agents with a firearm.
In the wake of Pretti’s shooting, Homeland Security Secretary Kristi Noem and White House deputy chief of staff Stephen Miller had described Pretti as a "domestic terrorist." Earlier this week, the White House sought to distance Trump from some of the statements made by the administration officials.
MAGA commentators took to social media to claim that the videos of the January 13 confrontation prove Pretti was an "agitator" who sought to attack federal law enforcement.
An attorney representing Pretti’s parents said the earlier altercation did not justify officers fatally shooting Pretti on Saturday. Legal experts told Newsweek said that Pretti's actions during the earlier confrontation would have no legal bearing on whether or not the use of lethal force was justified in the shooting.
The Department of Homeland Security previously told Newsweek that the department was reviewing the footage. Newsweek has contacted the White House for comment via email.
Why It Matters
The footage has rekindled the national debate about the January 24 shooting of Pretti, the second U.S. citizen killed this month by a federal agent in Minneapolis amid the Trump administration’s immigration crackdown.
It comes after Trump this week promised an "honest" investigation after his administration faced backlash for portraying Pretti as a "would-be assassin" who was "brandishing" a gun during that encounter. Local officials contradicted those claims, and in videos of the incident, reviewed by Newsweek, he did not appear to have a weapon in his hand.
In a statement, his family said he was holding his phone in his right hand, while his empty left hand was placed above his head. Pretti was a lawful gun owner with a permit to carry, Minnesota officials said. Gun rights groups have staunchly defended the right to carry a firearm while lawfully protesting.
...
What To Know
Video of the January 13 confrontation was first posted by The News Movement, an online media outlet, on Wednesday. A BBC News review of the video using facial-recognition technology suggested a 97 percent match.
Later, a representative for the Pretti family confirmed to CBS News, CNN and NBC News that the man in the video was Pretti.
Another video of the same encounter, filmed by Max Shapiro, was published by the Minnesota Star Tribune and later obtained by The Associated Press.
Benny Johnson, a prominent conservative commentator, shared the video posted by The News Movement on X, saying "LEFTIST HOAX DESTROYED."
Johnson said it proved that Pretti was not an "innocent bystander" but "a violent agitator and psychopath hellbent on attacking federal law enforcement."
MAGA influencer Gunther Eagleman also responded to the video, wiring that Pretti was "a domestic terrorist." And Matt Walsh, a right-wing commentator and podcast host, said Pretti was "a violent agitator who repeatedly went out armed to deliberately instigate physical confrontations with law enforcement" and "not a victim."
Trump has not directly commented on the new video, but shared the footage on his Truth Social platform on Wednesday along with a screenshot that included Eagleman’s post.
However, Emmanuel Mauleón, an associate professor of law at the University of Minnesota, told Newsweek that a prior confrontation "that involved, at most, yelling at officers and breaking a taillight—has no legal bearing on whether lethal force was justified at the moment Pretti was shot."
He added: "Fourth Amendment use-of-force analysis turns on whether an officer reasonably perceived an imminent threat at that moment, not on after-the-fact efforts to recast minor prior conduct as evidence of dangerousness." He also noted there was no evidence to suggest that the federal agents involved in the shooting were aware of the earlier encounter.
Bennett Gershman, a law professor at Pace University, also told Newsweek that the new videos "do nothing to exculpate or excuse the conduct of the federal agents on January 24 in killing Pretti."
Gershman added that it was crucial to note that while Pretti appears to have a gun in his waistband during the January 13 altercation, "at no time did Pretti ever remove the gun or brandish a gun at the agents."
Kostas Moros, the director of legal research and education at the Second Amendment Foundation, said on X that the footage of the earlier confrontation "doesn’t really change anything in legal terms." Moros said whether or not lethal force was justified in Saturday’s shooting is not dependent on Pretti’s actions from days before.
Democratic Senator Elissa Slotkin, who sits on the Homeland Security Committee, said Pretti’s actions on January 13 do not justify Saturday’s shooting and an independent investigation is needed.
"Even if he knocked in a light, which is not legal… you don't deserve to be shot 10 times in the street," she said during an appearance on CNN on Wednesday evening. "So, I think this is why we need some independent voices here."
What People Are Saying
Emmanuel Mauleón, an associate professor of law at the University of Minnesota, told Newsweek that people “sympathetic to the ICE and CBP surge are now circulating this earlier video in an effort to retroactively justify the killing of Alex Pretti, and even to brand him a ‘domestic terrorist.’ But they will not find support for that claim in the law.”
He said: “A prior confrontation—one that occurred eleven days earlier and involved, at most, yelling at officers and breaking a taillight—has no legal bearing on whether lethal force was justified at the moment Pretti was shot. Fourth Amendment use-of-force analysis turns on whether an officer reasonably perceived an imminent threat at that moment, not on after-the-fact efforts to recast minor prior conduct as evidence of dangerousness. This point is especially salient given that there is absolutely no evidence that the CBP officers involved in the shooting even knew of the earlier interaction.”
Bennett Gershman, a law professor at Pace University, told Newsweek: "I’ve reviewed carefully the videos of Alex Pretti during the January 13 encounter with immigration agents. The videos confirm all the critical issues surrounding the events on January 24 when federal immigration agents shot and killed him. If anything, the videos are further proof of the violent conduct of the agents on January 24 and confirm their willingness to use lethal force. The videos do nothing to exculpate or excuse the conduct of the federal agents on January 24 in killing Pretti.
"As the January 13 videos show, Pretti was at the scene of an action by federal agents. He appears to shout and protest their aggressive actions. At one point he kicks at a taillight on their vehicle. The agents respond immediately by grabbing him and throwing him to the ground. Several agents appear to start pummeling him. It is crucial to note that while Pretti appears to have a gun stuck into his waistband, which he also had on January 24, at no time did Pretti ever remove the gun or brandish a gun at the agents."
Steve Schleicher, a Minneapolis-based attorney representing Pretti’s parents, said the earlier altercation in no way justified the officers fatally shooting Pretti on Saturday.
He said: "A week before Alex was gunned down in the street—despite posing no threat to anyone—he was violently assaulted by a group of (Immigration and Customs Enforcement) agents. Nothing that happened a full week before could possibly have justified Alex’s killing at the hands of ICE on Jan 24."
Minneapolis Mayor Jacob Frey said on CNN on Wednesday: "Are we actually making the argument that Alex Pretti should be killed for something that happened like 11 days prior to the shooting itself? No, I think we should be talking about the circumstances that actually led to the killing and what took place."
Donald Trump Jr., the president’s eldest son, posted a clip from The News Movement's video, on X, adding: "Just a peaceful legal observer."
President Donald Trump told reporters on Tuesday: "We're doing a big investigation. I want to see the investigation. I’m going to be watching over it. I want a very honourable and honest investigation. I have to see it myself."
Conservative podcast host Megyn Kelly wrote on X: "Alex Pretti was itching for another confrontation with Border Patrol, whom he’d been stalking, harassing and terrorizing. HE had been victimizing THEM. His felonies are on tape. He was reckless, and it cost him his life. Find another poster boy, illegal-loving Leftists."
Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers in Los Angeles, told Newsweek: "The video is a bad look for Pretti, but it’s for the court of public opinion and not evidence that will ever make it into a courtroom. Unless the Border Patrol agents knew about the prior violence, it is not relevant to whether the subsequent use of deadly force was justified."
What Happens Next
The shooting has prompted calls from both Republicans and Democrats for Noem to step down.
The Customs and Border Protection agents involved in the fatal shooting of Pretti have been placed on administrative leave, but the Department of Homeland Security has not identified them.
Three federal investigations into the shooting are underway. The Department of Homeland Security and the FBI were investigating the shooting and U.S. Customs and Border Protection was "conducting their own internal review," White House press secretary Karoline Leavitt said on Monday.
Meanwhile, a judge issued an order blocking the Trump administration from "destroying or altering evidence" after Minnesota officials sued in a bid to preserve evidence for an independent state investigation.
View 0 Comments
Submit Correction
View Editorial & AI Guidelines