The Department of Homeland Security (DHS) is investigating whether the fatal shooting of Alex Jeffrey Pretti, a 37-year-old anti-ICE protester and ICU nurse, may have been triggered by an accidental discharge from Pretti’s own gun after it was seized by a Border Patrol agent, multiple law enforcement sources confirmed to The New York Post.
According to investigators, Pretti’s Sig Sauer P320 pistol may have gone off while in the hands of an agent during a struggle — prompting other officers to believe they were under fire and to return shots, killing Pretti instantly.
“It was 100 percent an accidental discharge by the agent that relieved that person of their weapon,” one DHS source told the Post. “Because everyone’s guns were out, they think that there’s a shooting.”
The revelation marks a dramatic shift from DHS’s initial statement, which said Pretti was brandishing his weapon during the confrontation. Video footage from the scene shows agents wrestling Pretti to the ground moments after he intervened during an immigration arrest.
An analysis of bystander footage reviewed by The Post indicates that a single shot was fired from Pretti’s gun while a Border Patrol agent was walking away with it. The sound triggered agents to open fire roughly ten times in what now appears to have been a tragic chain reaction.
Pretti, who was legally permitted to carry a firearm, had brought the weapon with him to what started as a small anti-ICE protest near downtown Minneapolis. Witnesses said about 50 protesters had gathered when federal agents arrived to detain Jose Huerta-Chuma, an illegal immigrant with a prior record of domestic assault and disorderly conduct.
Video shows Pretti stepping between agents and a woman who was being pepper-sprayed before being tackled. He appears to reach toward his waistband — where his 9mm Sig was holstered — and was disarmed seconds later.
This was a clear & present threat.
Self defense is allowed, supported & approved in America.
https://t.co/yDj842MgmD— Tricia Flanagan (R-NJ) (@NewDayForNJ) January 24, 2026
The Sig Sauer P320 model, which lacks an external safety lever, has been the subject of multiple lawsuits alleging “uncommanded discharges.” Sig Sauer has denied the claims, but law enforcement agencies across the country — including ICE — have continued to use the weapon.
This was a clear & present threat.
Self defense is allowed, supported & approved in America.
https://t.co/yDj842MgmD— Tricia Flanagan (R-NJ) (@NewDayForNJ) January 24, 2026
Sources close to the investigation said several agents on scene were relatively new and not trained for large-scale protest scenarios. “None of those agents should’ve had their gun out,” one DHS insider said. “It’s a confluence of them being asked to do enforcement work they’re not trained for. All of this was avoidable.”
The same source described internal frustration and low morale among DHS personnel. “There are very mixed feelings internally about what’s going on,” the source added. “They do not want to, nor are they prepared to do, both protest management and street-level enforcement at the same time.”
President Donald Trump and FBI Director Kash Patel both weighed in on the case over the weekend. Trump defended the Border Patrol agents involved, saying they were operating in an increasingly dangerous environment fueled by local resistance to federal law enforcement.
Meanwhile, Border Czar Tom Homan has been dispatched to Minnesota to assess the situation amid mounting political pressure. “Homan is simply going there to assess what is going on,” a senior administration source told Fox News. “It does not indicate any lack of confidence in Secretary Noem or Commander Bovino. They love Bovino.”
The administration continues to back Border Patrol Commander Greg Bovino, who came under fire from Democrats after defending his agents’ actions. Bovino has since redeployed part of his Minneapolis task force following three weeks of unrest.
Pretti, a registered Democrat and veteran ICU nurse at the Minneapolis VA hospital, had a history of political activism, previously joining demonstrations after the 2020 death of George Floyd.
As for DHS, officials have not confirmed whether the accidental discharge theory is now the leading explanation, but multiple sources told The Post that investigators are “leaning strongly in that direction.”
This article may contain commentary which reflects the author's opinion.
