Report: Border Patrol agent yelled ‘He’s got a gun!’ before Alex Pretti was killed

The report, sent to members of Congress, does not say Pretti threatened agents during a scuffle in Minneapolis.

The Minnesota Star Tribune
January 28, 2026 at 4:21AM
A photo of Alex Pretti at a memorial on Nicollet Avenue in Minneapolis, near where federal agents fatally shot him on Jan. 24. ] CARLOS GONZALEZ • carlos.gonzalez@startribune.com (Carlos Gonzalez/The Minnesota Star Tribune)

A preliminary report from federal investigators provided to members of Congress lays out the timeline of how Alex Pretti was killed by immigration enforcement agents — a deadly interaction that lasted less than five minutes.

A copy of the report, obtained by the Minnesota Star Tribune on Jan. 27, says two officers — a Border Patrol agent and a Customs and Border Protection (CBP) officer — fired their guns during a chaotic scuffle that was also recorded from multiple angles by bystanders.

The report does not say whether bullets from both firearms hit Pretti. It also does not state how many times the agents fired their weapons.

The report is the first official accounting of the incident by U.S. Customs and Border Protection’s Office of Professional Responsibility, an internal investigative arm of the agency. It is based on body cameras and other documentation. According to the report:

  • At 9 a.m. on Jan. 24, Border Patrol agents and Customs and Border Protection agents were on scene at Nicollet Avenue and 26th Street, where a crowd had formed and many people were blowing whistles.
    • The agents encountered two women whom they told to move out of the street and onto the sidewalk, but they did not move.
      • Agents pushed the women, “and one of the females ran to a male, later identified as 37-year-old Alex Jeffrey Pretti.”
        • Agents then pepper-sprayed the woman and Pretti, and tried to detain Pretti, setting off a struggle.
          • At this point, one Border Patrol agent started repeatedly shouting, “He’s got a gun!”
            • Five seconds later, two agents discharged their service weapons. The report does not say which agent fired first, just that one was a Border Patrol agent and one was a CBP officer.
              • One of those agents “subsequently cleared and secured Pretti’s firearm in his vehicle.”
                • At 9:02 a.m., agents cut Pretti’s clothes and began administering medical aid. By 9:05 a.m., Minneapolis emergency medical personnel arrived and took over Pretti’s medical care.
                  • Pretti was put in an ambulance nine minutes later, and by 9:32 a.m., he had been declared dead at Hennepin County Medical Center.

                    Nowhere does the report say that Pretti reached for a firearm or intended to harm federal agents, a claim that has been made by officials including Border Patrol Cmdr. Greg Bovino and Department of Homeland Security Secretary Kristi Noem.

                    The report also doesn’t address apparent attempts to render aid by a pediatrician who lives nearby, which came up in court documents this week.

                    In a statement after the report was publicized, Minneapolis Mayor Jacob Frey said in Pretti’s “final moments he was doing what he does best — looking out for his neighbors.”

                    “We all saw the same video — and the rush to paint him as something he wasn’t was a blatant lie,” Frey said.

                    On Tuesday, President Donald Trump said he would personally review the federal investigation into Pretti’s death.

                    “I’m going to be watching over, and I want a very honorable and honest investigation. I have to see it myself,” Trump said in a video interview with the Associated Press.

                    Read the preliminary report sent as a notification to Congress members below:

                    The following statement pertains to an in-custody death that occurred on Saturday, January 24, 2026, in Minneapolis, MN. This information is based on a preliminary review by U.S. Customs and Border Protection (CBP) Office of Professional Responsibility (OPR) Investigative Operations Directorate (IOD) and may be updated and clarified as additional details become available. It is being provided to Committee staff concurrently with CBP senior leadership to ensure timely reporting.

                    CBP OPR IOD established the following information and timeline based on a preliminary review of body worn camera footage and CBP documentation.

                    On January 24, 2026, United States Border Patrol (USBP) Border Patrol Agents (BPAs) and Customs and Border Protection Officers (CBPOs) supporting Operation Metro Surge were conducting enforcement actions near the intersection of Nicollet Ave. and 26th St. in Minneapolis, MN. Several civilians were in the area yelling and blowing whistles. BPAs and CBPOs made several verbal requests for the civilians to stay on the sidewalks and out of the roadway.

                    At approximately 9:00 a.m., a CBPO was confronted by two female civilians blowing whistles. The CBPO ordered the female civilians to move out of the roadway, and the female civilians did not move. The CBPO pushed them both away and one of the females ran to a male, later identified as 37-year-old Alex Jeffrey Pretti, a US citizen. The CBPO attempted to move the woman and Pretti out of the roadway. The woman and Pretti did not move. The CBPO deployed his oleoresin capsicum (OC) spray towards both Pretti and the woman.

                    CBP personnel attempted to take Pretti into custody. Pretti resisted CBP personnel’s efforts and a struggle ensued. During the struggle, a BPA yelled, “He’s got a gun!” multiple times. 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.

                    At approximately 9:02 a.m., CBP personnel cut Pretti’s clothing and provided medical aid to him by placing chest seals on his wounds. At approximately 9:05 a.m., Minneapolis Fire Department Emergency Medical Services (MFD EMS) emergency medical technicians (EMTs) arrived and assumed primary medical care for Pretti.

                    At approximately 9:14 a.m., MFD EMTs placed Pretti in an MFD EMS ambulance and he was subsequently transported to Hennepin County Medical Center (HCMC). At approximately 9:32 a.m., HCMC medical personnel pronounced Pretti deceased.

                    CBP OPR IOD was advised that an autopsy would be conducted by medical personnel from the Hennepin County Medical Examiner’s Office. CBP OPR IOD will request the official findings upon completion.

                    Homeland Security Investigations is investigating the incident and CBP OPR IOD is reviewing it. The Department of Homeland Security Office of Inspector General was notified.

                    Please let me know if you have any questions.

                    Thank you,

                    Director, OS/ES

                    Office of Congressional Affairs

                    U.S. Customs and Border Protection

                    Deena Winter of the Minnesota Star Tribune contributed to this story.

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                    Chloe Johnson

                    Environmental Reporter

                    Chloe Johnson covers environmental health issues for the Minnesota Star Tribune.

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                    Carlos Gonzalez/The Minnesota Star Tribune

                    The report, sent to members of Congress, does not say Pretti threatened agents during a scuffle in Minneapolis.

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