Federal Judge Orders Evidence Preserved After Minneapolis Shooting of VA Nurse by Border Patrol Agents

A 37-year-old Minneapolis VA hospital nurse is dead after being shot by federal Border Patrol agents during an immigration enforcement operation Saturday—the second fatal shooting involving federal law enforcement in the city this month. The incident has sparked protests, a state lawsuit, and a federal court order to preserve evidence.

Alex Pretti was shot after he appeared to intervene and record an immigration arrest. Multiple bystander videos captured the encounter, showing agents shoving someone before Pretti stepped in. An agent pepper-sprayed Pretti in the face while he held his phone, then wrestled him to the ground. One video shows an agent removing a handgun from Pretti's back waistband seconds before the shots were fired.

The Department of Homeland Security said Pretti "approached U.S. Border Patrol officers with a 9 millimeter semi-automatic handgun." Secretary Kristi Noem said officers "followed their protocols and were in fear of their lives." However, the videos do not appear to show Pretti brandishing the weapon as DHS described. Local officials confirmed Pretti had a valid permit to carry.

Minnesota Senator Amy Klobuchar rejected the administration's characterization. "I just keep thinking, 'Your eyes don't lie,'" she said. Gun Owners of America also defended Pretti's right to bear arms while protesting.

At a Sunday press conference, Border Patrol Commander Greg Bovino called the shooting a "preventable" tragedy but said immigration enforcement in Minneapolis has not slowed. When asked whether agents saw Pretti brandish a weapon, Bovino said the investigation would determine the facts. "That agent had a split second to make a decision," he said. The officers involved have been transferred to other cities but remain on duty. Officials cited concerns about doxxing.

Minnesota state officials filed a lawsuit against DHS and other agencies, alleging federal agents removed evidence from the scene. A federal judge has ordered the administration to preserve all evidence related to the shooting. DHS did not immediately respond to NBC's request for comment. A hearing is scheduled for Monday in Minnesota federal court.