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Judge Prohibits DHS from Tampering with Evidence in Alex Pretti Shooting Case

January 25, 2026
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A U.S. district judge has granted a request from Minnesota agencies for access to evidence related to the fatal shooting of Alex Pretti on Saturday.

Pretti, 37, was shot and killed by a Border Patrol agent on Saturday morning, marking the second fatal shooting involving federal law enforcement in Minneapolis since Renee Good was shot on January 7. In response, the Minnesota Bureau of Criminal Apprehension, Hennepin County Attorney’s Office, and the Minnesota Attorney General’s Office filed a joint restraining order to prevent the Department of Homeland Security from destroying evidence pertaining to this incident.

Earlier this month, after Good was fatally shot by an Immigration and Customs Enforcement officer, the BCA reported it had been excluded from the investigation. The lawsuit filed on Saturday aims to ensure these agencies are not sidelined again.

U.S. District Judge Eric C. Tostrud issued a temporary restraining order just hours after the suit was filed, preventing the DHS from “destroying or altering evidence related to the fatal shooting involving federal officers that occurred near 26th Street and Nicollet Avenue in Minneapolis on January 24, 2026.”

Tostrud, nominated by President Donald Trump in February 2018, previously worked at the law firm Lockridge Grindal Nauen, where he provided pro bono representation for military veterans in the U.S. Court of Appeals for Veterans Claims. Notably, Pretti served as an intensive care unit nurse for Veterans Affairs.

Hennepin County Attorney Mary Moriarty stated after the lawsuit was filed, “I will not rest, my team will not rest, until we have done everything in our power, everything within our authority, to achieve transparency and accountability.”

“Our office has jurisdiction to review this matter for potential criminal conduct by the federal agents involved and we will do so,” Moriarty added. “This collaborative lawsuit is just one of the many actions our office is taking to ensure that a thorough and transparent investigation can be completed at the state level.”

Minnesota Attorney General Keith Ellison expressed his commitment to justice, stating, “Federal agents are not above the law and Alex Pretti is certainly not beneath it. A full, impartial, and transparent investigation into his fatal shooting at the hands of DHS agents is non-negotiable. Minnesota law enforcement is currently carrying out such an investigation, and it is essential that the evidence collected by federal agents is preserved and turned over to state officials.”

The Washington Examiner has reached out to DHS for comment.

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