A preliminary government review contradicts the Trump administration's initial narrative of the shooting of 37-year-old Alex Pretti last week in Minneapolis.
Pretti's death at the hands of immigration officers escalated tensions surrounding the Trump administration's immigration enforcement surge, and has already prompted bipartisan calls for an investigation. Pretti was the second U.S. citizen killed by immigration officers in Minneapolis this month.
According to the preliminary assessment, Customs and Border Protection officers said Pretti resisted arrest before two officers shot him.
But the assessment makes no mention of Pretti attacking officers or threatening them with a weapon — as the administration first described the incident. It also appears to more closely match multiple bystander video and witness testimony of the incident.
The preliminary assessment of Pretti's shooting, known as a death notification, was shared by congressional sources not authorized to speak publicly, and reviewed by NPR. It was based on body-worn camera footage and documentation from the agency, it said.
The CBP assessment describes how officers were initially confronted by two women who were blowing whistles while they conducted an immigration enforcement operation.
"The [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 [officer] attempted to move the woman and Pretti out of the roadway. The woman and Pretti did not move," the review states, adding that the officer then sprayed both with oleoresin capsicum spray, commonly known as pepper spray.
CBP officers attempted to take Pretti into custody. Pretti resisted their efforts and a struggle ensued, according to the report.
During the struggle, an agent yelled, "He's got a gun!" multiple times, the review states.
Approximately five seconds later, one agent discharged his CBP-issued Glock 19 and an officer also discharged his CBP-issued Glock 47 at Pretti. After the shooting, an agent advised that he had Pretti's firearm in his possession, the review states.
Homeland Security Secretary Kristi Noem was quick to describe Pretti's actions as "domestic terrorism," saying Pretti was "attacking" officers and "brandishing" a weapon before he was killed. White House Deputy Chief of Staff Stephen Miller described Pretti as a "would-be-assassin."
Multiple bystander videos and witness testimony contradict that portrayal of the incident. Pretti can be seen holding only a phone in his hand before at least six officers tackle him, pinning him face down on the ground and shooting him in the back, firing what sounds like 10 shots.
One eyewitness said in a court document that Pretti was not even facing agents when they grabbed him. "It didn't look like he was trying to resist, just trying to help [a] woman up," they wrote.
Noem has come under bipartisan scrutiny for her quick characterization of the incident.
In Washington, Democrats are pushing to block funding for the Homeland Security Department, and several other agencies, after the shooting and the administration's response. Several Republicans, including Sens. Ted Cruz of Texas and John Curtis of Utah, also criticized Noem's immediate effort to blame Pretti, and others called for an investigation.
The assessment of Pretti's death was conducted by an internal Customs and Border Protection oversight office known as the Office of Professional Responsibility; it cautions that any information may be updated as more details come to light.
Homeland Security Investigations, a branch of Immigration and Customs Enforcement, is investigating the incident. It's also under review by the Office of Professional Responsibility's Investigative Operations Directorate, which investigates employee misconduct.
The Department of Homeland Security Office of Inspector General was also notified about Pretti's death, according to the assessment.
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