The Department of Homeland Security is examining whether an accidental discharge of Alex Pretti’s firearm may have contributed to the fatal Border Patrol shooting during a federal immigration enforcement operation in Minneapolis on Jan. 24, according to officials familiar with the inquiry.
Pretti, a 37-year-old intensive care unit nurse and licensed gun owner, was shot during a confrontation between federal agents and a group protesting immigration enforcement. Initial statements from federal officials described Pretti as armed during the encounter, the New York Post reported.
Investigators are now reviewing whether Pretti’s handgun may have discharged unintentionally during a physical struggle, potentially leading agents to believe they were under fire. Officials are analyzing video footage, forensic evidence, and witness statements to determine whether a gunshot occurred before agents opened fire.
“It was 100% an accidental discharge by the agent that relieved that person of their weapon. Because everyone’s guns were out, they think that there’s a shooting,” one source said.
“The explanation is a shift from initial claims by DHS officials, who at first said Pretti was brandishing the Sig Sauer P320 pistol, which he was legally allowed to carry,” The Post reported without noting that Pretti did not have an ID or his weapons permit on his person, which is a requirement under Minnesota state law.
In addition, state law requires a permit holder to show it and a government ID if requested by police.
The Sig Sauer P320 has been associated with reports of “uncommanded discharges,” which occur due to external factors affecting the trigger. The company has denied these claims.
The handgun is widely used by both US civilians and law enforcement agencies, including ICE, but it does not have an external safety lever.
Video footage from the scene shows Pretti positioning himself between federal agents and a woman who was being pepper-sprayed during the Jan. 24 immigration enforcement operation in Minneapolis, The Post notes.
An analysis of bystander video indicates that a single gunshot may have originated from Pretti’s firearm after a Border Patrol agent removed the weapon from Pretti’s waistband and began moving away with it. Investigators are examining whether the discharge was accidental.
Following the apparent gunshot, other agents at the scene — including at least one who had already drawn a weapon — opened fire, discharging approximately 10 rounds, according to the footage under review.
President Donald Trump and FBI Director Kash Patel have both publicly questioned why Pretti attended the protest while carrying a loaded handgun, as investigators continue to examine the sequence of events that led to the shooting.
“You cannot bring a firearm, loaded, with multiple magazines to any sort of protest that you want. It’s that simple. You don’t have a right to break the law,” Director Patel told Fox News’ Maria Bartiromo on Sunday.
That statement drew pushback from gun rights groups, however. “There is no prohibition on a permit holder carrying a firearm, loaded, with multiple magazines at a protest or rally in Minnesota,” the group said in a statement on X.
Authorities have not reached any conclusions, and officials emphasized that the investigation remains ongoing. The review includes whether the firearm was in an agent’s control at the time of any discharge and how the sequence of events unfolded in the moments leading up to the shooting.
Sources familiar with the investigation indicated that the agents involved were overworked and lacked training to effectively handle protesters, as well as the types of confrontations that frequently occur with ICE Watch protesters in Minneapolis.
“None of those agents should’ve had their gun out. It’s a confluence of them being asked to do enforcement work that they are not trained for,” a source said. “All of this is avoidable. None of this should be happening.”
