Alex Pretti shooting scene evidence preservation argued in court
Lawsuit to block evidence destruction under review
Two federal court hearing were held on Tuesday – one to block the increase of agents during Operation Metro Surge underway, and another to preserve evidence surrounding the fatal shooting of Alex Pretti. FOX 9’s Mary McGuire has the latest.
(FOX 9) - A U.S. District Court judge continues to hear arguments on a temporary restraining order that prevents the Department of Homeland Security (DHS) and other government agencies from "altering or destroying evidence" related to the fatal shooting of Alex Pretti by Border Patrol on Jan. 24, after granting a temporary restraining order over the weekend.
Alex Pretti shooting evidence lawsuit
What we know:
U.S. District Court Judge Eric Tostrud heard arguments on Monday from both the state and the federal government involving the preservation of evidence following the fatal shooting of Alex Pretti.
The Minnesota Bureau of Criminal Apprehension (BCA), which typically investigates all law enforcement shootings in the state, wanted to investigate the incident, but was denied access to the scene twice by federal agents, despite having a warrant.
The Hennepin County Attorney’s Office and the BCA filed a lawsuit asking to prevent the destruction of evidence related to the fatal shooting of Alex Pretti, along with a temporary restraining order to prevent any destruction of evidence.
That temporary restraining order was granted by a judge late Saturday night, with the order stating in part:
"Defendants, together with their employees, agents, and anyone acting in concert with them, are ENJOINED from destroying or altering evidence related to the fatal shooting involving federal officers that took place in or around 26th Street and Nicollet Avenue in Minneapolis on January 24, 2026, 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."
Evidence arguments heard
Dig deeper:
On Monday, judge Tostrud heard arguments relating to the case.
Court documents detail the FBI's evidence response team dispatched to the scene, but they were not able to collect evidence using their normal procedures because of the crowds gathering at 26th and Nicollet.
They also revealed Pretti's firearm and his cell phone were taken into evidence, and several agents were wearing body cameras that captured footage of the fatal encounter.
Shortly after the shooting, there were widely circulated photos of Pretti's firearm and in court, state attorneys raised serious questions about those photos and the way that evidence was preserved.
A lawyer for the federal government argued the agencies are preserving evidence in the case anyway and will continue to preserve it as long as the investigation is ongoing, so a court order is not necessary.
What's next:
It is still unclear when Judge Tostrud will rule on the matter, but he did indicate he will make a decision quickly.