'Counting his bullet wounds.' Witness details Pretti killing in court filing

A witness to the fatal shooting of a Minneapolis man by a Border Patrol agent wrote in new court documents that he didn't see the 37-year-old ICU nurse brandishing a gun and said federal agents "counted his bullet wounds" instead of rendering first aid.

The sworn declaration filed in federal court came just hours after the Jan. 24 fatal shooting of Alex Pretti, a U.S. citizen and Veterans Affairs ICU nurse who had confronted immigration agents conducting operations in the city. Pretti was licensed and carrying a gun and shortly after the shooting federal officials said he planned to use it to commit "domestic terrorism."

Saturday’s late witness statement contradicts the narrative shared by Department of Homeland Security officials and offers one of the most detailed accounts yet of what happened. 

"I saw him yelling at the ICE agents, but I did not see him attack the agents or brandish a weapon of any kind," the witness wrote of Pretti in the declaration made under threat of perjury.  "Suddenly, an ICE agent shoved him to the ground. My view of the altercation was partially obstructed, but after a few seconds, I saw at least four ICE agents point guns at the man. I then saw the agents shoot the man at least six or seven times."

Homeland Security Secretary Kristi Noem told reporters on Jan. 24 that "this individual who came with weapons and ammunition to stop a law enforcement operation of federal law enforcement officers committed an act of domestic terrorism." 

The secretary said the semiautomatic handgun and two magazines Pretti was carrying indicated he intended to "inflict maximum damage and kill law enforcement."

Agency officials did not immediately respond to requests for comment on the new court filings.

The declaration was made in connection to a class action lawsuit brought by the ACLU of Minnesota against the Department of Homeland Security, charging the agency with using intimidation tactics reminiscent of "pre-World War II Germany or Pinochet’s Chile" to chill free speech protected under the First Amendment.

'Counting his bullet wounds'

According to the court filing, the witness, whose name was redacted, is a physician who lives near where the shooting occurred. The witness woke up on Saturday to the sound of "screaming from outside" and saw Pretti "yelling at ICE agents."

"I saw him yelling at the ICE agents, but I did not see him attack the agents or brandish a weapon of any kind," the witness wrote. "Suddenly, an ICE agent shoved him to the ground. My view of the altercation was partially obstructed, but after a few second, I saw at least four ICE agents point guns at the man. I then saw the agents shoot the man at least six or seven times."

Afterwards, the witness went to treat Pretti’s wounds. The witness said agents were not administering first aid.

"I was confused as to why the victim was on his side, because that is not standard practice," the pediatrician wrote. "Checking for a pulse and administering CPR is standard practice. Instead of doing either of those things, the ICE agents appeared to be counting his bullet wounds."