Federal judge lifts restraining order in lawsuit over evidence in Alex Pretti killing

Federal judge lifts restraining order in lawsuit over Alex Pretti killing evidence

A federal judge has lifted a temporary restraining order tied to the investigation of the fatal shooting of Alex Pretti by Border Patrol in Minneapolis.

The judge found federal agencies are unlikely to destroy evidence related to the Jan. 24 killing.

The lawsuit came after the Minnesota Bureau of Criminal Apprehension said the Department of Homeland Security blocked it from accessing the scene of the shooting, despite having a signed judicial warrant to be there.

The state also said DHS refused to turn over evidence, including body camera footage and a firearm allegedly taken from Pretti.

The judge acknowledged concerns about the on-scene investigation and the handling of the firearm, but said these concerns were "undeveloped and non-specific."

The state also raised concerns about public statements from federal officials and DHS that appeared to reach conclusions about the shooting before investigations were complete.

The judge agreed and called those statements troubling and politically motivated, but said they were too far removed from the actual handling of evidence to justify keeping the order in place.

The court says federal agencies are now preserving all evidence under existing policies. 

The lawsuit seeking access to that evidence is still ongoing.

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