Judge blocks DHS from destroying evidence in Alex Pretti shooting
A federal judge has temporarily barred the Department of Homeland Security from destroying or altering evidence connected to the fatal shooting of 37-year-old Alex Pretti by a Border Patrol agent in Minneapolis on Jan. 24, 2026. The order followed a joint lawsuit by the Minnesota Bureau of criminal Apprehension, the Hennepin County Attorney’s Office, and the Minnesota Attorney General’s office, which sought to ensure state access to evidence after earlier federal exclusion from the probe into the Jan. 7 shooting of Renee Good. Judge Eric C. Tostrud issued the restraining order within hours of the filing; Tostrud was nominated to the bench in 2018 and has done pro bono work representing veterans — Pretti was an ICU nurse for the VA. Hennepin County Attorney Mary Moriarty and Attorney General Keith Ellison said thay will pursue a full, transparent investigation and review potential criminal conduct by the federal agents involved. The Washington examiner reports DHS was contacted for comment.
Judge blocks DHS from ‘destroying or altering’ evidence in Alex Pretti shooting
A U.S. district judge ruled in favor of Minnesota agencies requesting access to evidence in the fatal shooting of Alex Pretti on Saturday.
Pretti, 37, was shot and killed by a Border Patrol agent on Saturday morning, the second fatal shooting by federal law enforcement in Minneapolis since Renee Good’s shooting death on Jan. 7. As a result, the Minnesota Bureau of Criminal Apprehension, Hennepin County Attorney’s Office, and the Minnesota Attorney General’s Office filed a joint restraining order against the Department of Homeland Security from destroying evidence from this shooting.
Earlier this month, when Good, 37, was fatally shot by an Immigration and Customs Enforcement officer, the BCA said it was excluded from the investigation into the shooting. The lawsuit on Saturday night is meant to prevent these agencies from being shut out again.
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U.S. District Judge Eric C. Tostrud issued a temporary restraining order within hours of the suit’s filing, blocking DHS 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.”
Tostrud was nominated by President Donald Trump in February 2018. While Tostrud worked for the law firm Lockridge Grindal Nauen, his pro bono work included representing military veterans in the U.S. Court of Appeals for Veterans Claims. Notably, Pretti was an intensive care unit nurse for Veterans Affairs.
Hennepin County Attorney Mary Moriarty promised in a statement after filing suit that “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 said. “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 promised in a statement that “justice will be done.”
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“Federal agents are not above the law and Alex Pretti is certainly not beneath it,” Ellison said. “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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