News
Judge Orders Federal Government to Retain Evidence Related to Minnesota Shooting
Comments
Link successfully copied
Federal agents block off the scene of a shooting as crowds gather in Minneapolis on Jan. 24, 2026. (Stephen Maturen/Getty Images)
By Jacob Burg
1/25/2026Updated: 1/25/2026

A federal judge late on Jan. 24 ordered the Trump administration to retain all evidence related to the fatal shooting of Alex Jeffrey Pretti during an altercation with Border Patrol agents in Minneapolis earlier that day.

In his order, Judge Eric Tostrud of the U.S. District Court for the District of Minnesota wrote that Department of Homeland Security (DHS) officials and other federal agency officials are prohibited from “destroying or altering evidence related to the fatal shooting ... including but not limited to evidence that Defendants and those working on their behalf removed from the scene and/or evidence that Defendants have taken into their exclusive custody.”

Tostrud’s order granted the request from the Minnesota Bureau of Criminal Apprehension and Hennepin County prosecutors.

Federal officials have alleged that Pretti was wielding a gun before he was sprayed with a chemical irritant, pulled to the ground, and ultimately shot by a Border Patrol agent.

“The officers attempted to disarm the suspect, but the armed suspect violently resisted,” DHS said in a statement. “This looks like a situation where an individual wanted to do maximum damage and massacre law enforcement.”

Minnesota Attorney General Keith Ellison called for an independent investigation into the incident.

“Federal agents are not above the law, and Alex Pretti is certainly not beneath it,” Ellison said in a statement. “A full, impartial, and transparent investigation into his fatal shooting at the hands of DHS agents is non-negotiable.”

Ellison said the lawsuit was intended to “bar the federal government from destroying or tampering with any of the evidence [it has] collected” throughout the events related to the shooting.

“Justice will be done,” he said.

DHS Assistant Secretary Tricia McLaughlin told The Epoch Times in a statement, “Any claim that the federal government would ‘destroy’ evidence is a ridiculous attempt to divide the American people and distract from the fact that our law enforcement officers were attacked—and their lives were threatened—yesterday.”

“We are actively investigating this matter and will continue to do so as we do for any [officer-involved] shooting.

“DHS eagerly awaits any effort from Minnesota to help our officers arrest criminal aliens in the meantime.”

Tostrud wrote in his order that a hearing would be held at 2 p.m. local time on Jan. 26, at which the federal government will have a chance to raise any objections to the order, including whether it “should remain in effect.” Any written responses or objections to the order must be filed by noon on Jan. 26, he said.

During an interview with Fox News on Jan. 25, DHS Secretary Kristi Noem was asked about one video angle that appeared to show a federal agent removing a weapon from either Pretti’s waistband or a holster, then walking away with the weapon before officers ultimately shot Pretti.

“It appears that Alex Pretti was disarmed,” Fox host Peter Doocy asked the secretary. “If he was disarmed, is it the protocol to use deadly force?”

Noem responded that all video angles will be “part of this investigation.”

“Every video will be analyzed, everything will be looked at, and that’s part of the answers that I can’t speak to—every single thing that those officers thought, but this happened in seconds,” she said. “They clearly feared for their lives and took action to defend themselves and the people around them.”

Minneapolis Police Chief Brian O'Hara said on Jan. 24, “We believe [Pretti] is a lawful gun owner with a permit to carry.”

Protests Continue After Shooting


One day after the shooting, protests continued across Minnesota’s Twin Cities and in other places nationwide, including Los Angeles, New York City, and Washington.

Despite temperatures plummeting to minus 6 degrees Fahrenheit on Jan. 25, protesters had converged on the scene of the Jan. 24 shooting in Minneapolis, with a crowd yelling at federal agents and telling them to go home.

Some pulled garbage cans from alleys to block streets and other protesters chanted, “Observing [Immigration and Customs Enforcement] is not a crime” and “[Immigration and Customs Enforcement] out now.”

Hundreds of people also visited a makeshift memorial for Pretti at the location of the shooting.

The Virginia-based nonprofit International Association of Chiefs of Police issued a statement on Jan. 25 calling for the White House to convene federal, state, and local law enforcement leaders for “policy-level discussions aimed at identifying a constructive path forward” following the events in Minnesota.

“Periods of heightened tension place significant strain on public safety systems and underscore the need for stability, professionalism, and respect for constitutional principles,” the statement reads.

“The [International Association of Chiefs of Police] reaffirms its commitment to the constitutional protections that safeguard individuals from unlawful or unreasonable searches and seizures, recognizing that public trust and effective policing depend on faithful adherence to these fundamental rights.”

The organization stated that “officer safety is inseparable from community safety and must remain a fundamental priority in all public safety decisions.”

The Minnesota Gun Owners Caucus condemned the shooting and called for a “full and transparent investigation” by both federal and state authorities.

“Every peaceable Minnesotan has the right to keep and bear arms—including while attending protests, acting as observers, or exercising their First Amendment rights,” the caucus wrote in a statement. “These rights do not disappear when someone is lawfully armed, and they must be respected and protected at all times.”

Share This Article:
Jacob Burg reports on national politics, aerospace, and aviation for The Epoch Times. He previously covered sports, regional politics, and breaking news for the Sarasota Herald Tribune.

©2023-2026 California Insider All Rights Reserved. California Insider is a part of Epoch Media Group.