2 federal agents fired their weapons during Alex Pretti shooting, government report to Congress says
Two U.S. Customs and Border Protection agents fired their weapons during the fatal shooting of Minneapolis ICU nurse Alex Pretti over the weekend, according to a government report sent to Congress and obtained by CBS News that does not mention Pretti reaching for his firearm.
The report was shared with congressional officials Tuesday by CBP, which said it was based on a "preliminary review" by its Office of Professional Responsibility. It provides the most comprehensive official account yet of Pretti's killing, which has triggered widespread outcry from members of both parties.
According to the report to Congress, CBP agents were conducting an operation in Minneapolis on Saturday morning when an officer was "confronted by two female civilians blowing whistles." The officer ordered the women to "move out of the roadway," the report said. That's when CBP agents first encountered Pretti.
"The [CBP officer] 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 report said. "The [CBP officer] attempted to move the woman and Pretti out of the roadway. The woman and Pretti did not move. The [CBP officer] deployed his oleoresin capsicum (OC) spray towards both Pretti and the woman."
CBP agents then "attempted to take Pretti into custody," according to the report.
"Pretti resisted CBP personnel's efforts and a struggle ensued. During the struggle, a BPA yelled, 'He's got a gun!' multiple times," the report said.
"Approximately five seconds later, a [Border Patrol agent] discharged his CBP-issued Glock 19 and a [CBP officer] also discharged his CBP-issued Glock 47 at Pretti. After the shooting, a BPA advised he had possession of Pretti's firearm," CBP added. "The BPA subsequently cleared and secured Pretti's firearm in his vehicle."
The new information provided by CBP differs from the initial accounts offered by the Department of Homeland Security, which said in a statement over the weekend that one Border Patrol agent had fired "defensive shots."
In that statement, DHS also said Pretti "approached" the CBP agents with a 9mm semi-automatic firearm. But CBP's report to Congress makes no claim that Pretti tried to reach for his firearm.
In the hours after the shooting, DHS Secretary Kristi Noem alleged that Pretti approached federal agents with a gun in what she described as an effort to kill officers, and Border Patrol commander Greg Bovino accused Pretti of trying to "massacre law enforcement" — allegations that did not appear in the Office of Professional Responsibility's report.
The government's response to Pretti's death — the second fatal shooting by federal agents in Minneapolis this month — has drawn intense scrutiny in recent days, as videos of the incident appear to contradict officials' claims that Pretti approached law enforcement with his gun.
Minneapolis Police Chief Brian O'Hara has said Pretti was a lawful gun owner with a permit to carry.
The report does not state that Pretti's gun discharged accidentally, one theory that has circulated in the wake of the shooting. President Trump alleged in a Wall Street Journal article that Pretti was carrying a "dangerous and unpredictable gun" that "goes off when people don't know it."
It also revealed that U.S. Customs and Border Protection personnel removed and stored Pretti's firearm in a government vehicle, a decision now raising broader concerns about the integrity of the investigation.
According to a CBP report sent to congressional officials, a Border Patrol agent reported taking possession of Pretti's gun immediately after the shooting and later clearing and securing the firearm inside a vehicle. The report does not specify whether the weapon was photographed in place or logged with a documented chain of custody at the scene.
CBS News previously reported that federal investigators have no documented chain of custody for Pretti's handgun, with officials saying the firearm was placed on the seat of a vehicle rather than sealed in a required plastic evidence bag and labeled with standard identifying details such as date, item description, and handler name.
The report to Congress confirmed ICE's Homeland Security Investigations branch is investigating the shooting, a move current and former agency officials described as highly unusual for an office that has historically not investigated use-of-force incidents. The report said CBP's Office of Professional Responsibility is also reviewing the incident internally, and that the DHS Inspector General has been notified.
CBP told CBS News in a statement: "These notifications reflect standard Customs and Border Protection protocol and are issued in accordance with existing procedures. They provide an initial outline of an event that took place and do not convey any definitive conclusion or investigative findings. They are factual reports – not analytical judgments – and are provided to inform Congress and to promote transparency."
The full report is 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.
