DHS Memo To Congress, Documents Highlight Layered Incident Examination

ICU nurse Alex Pretti’s shooting death in Minneapolis on January 24 prompted a widespread impact on America’s justice system. Pretti’s death in Customs and Border Patrol custody is now under investigation by multiple police agencies, including an internal investigation by CPB.

“We do have an active investigation in this incident. While this investigation remains open, specifics of the investigation are not publicly available per Minnesota state statute and will not be until the completion of the investigation and any proceedings that may result because of it,” Mike Ernster, a public information officer with the Minnesota Bureau of Criminal Apprehension, told The Standpoint News on January 30.

Notice sent to Congress by the Department of Homeland Security reveals that two federal agents shot Pretti, and not one, as previously believed, The New York Times reports. 

Pretti’s body was delivered to the Hennepin County Minnesota Medical Examiner, Dr. Andrew M. Baker, according to the county’s list of reportable deaths. No official updates from the Hennepin County medical examiner database were available at the time of this report.  

Pretti was shot “multiple times” after one Border Patrol Agent at the scene repeatedly shouted, “He’s got a gun!”, the DHS memo details. 

“Approximately five seconds later, a BPA discharged his CBP-issued Glock 19, and a CBPO also discharged his CBP-issued Glock 47 at Pretti. After the shooting, a BPA advised he had possession of Pretti’s firearm. The BPA subsequently cleared and secured Pretti’s firearm in his vehicle,” a copy of the DHS memo, which was obtained by The Intercept, states. 

The report goes on to state that BPA agents attempted life saving measures on Pretti at “approximately 9:02 am” and were then relieved by Minneapolis Fire Department Emergency Medical Services. 

The DHS report does not add details as to whether Pretti had drawn his firearm on CBP officers at the time he was shot. A memo sent to Congress by Homeland Security details Pretti’s death, and does not include any details about Pretti drawing the weapon. This lack of clarity about Pretti’s threat to officers prompts public scrutiny of the Custom Border Patrol’s use of force. 

“Authorized Officers/Agents should avoid intentionally and unreasonably placing themselves in positions in which they have no alternative to using deadly force,” writes the CBP manual of conduct, printed in 2021. The CBP’s official guidelines instructs officers to use de-escalation tactics “to minimize” the likelihood or need for deadly force.