Judge expects to rule soon on order compelling ICE to retain evidence in Pretti's killing
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The state of Minnesota argued in federal court Monday that a judge should extend a temporary restraining order that prohibits the federal government from destroying or altering evidence tied to the killing of Minneapolis resident Alex Pretti by federal agents over the weekend.
The state of Minnesota asked for and was granted the temporary restraining order late Saturday night.
They’d argued that federal agents tried to prevent Minneapolis police from securing the scene of Alex Pretti’s killing and that state Bureau of Criminal Apprehension investigators were denied access to evidence even though they had a warrant signed by a judge.
Assistant U.S. Attorney Friedrich Siekert said the federal government already planned to preserve the evidence, so the restraining order isn’t necessary.
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Siekert also condemned the proposed ban on destroying evidence as a political dispute. He said if the state didn’t have sanctuary policies that they wouldn’t be in the position of being denied cooperation by the federal government.
When asked by the judge if the federal government would share evidence with the state for a potential criminal investigation, Siekert said he didn’t know. But that he expects most evidence would become available to the state and public after federal matters are concluded.
Minnesota Assistant Attorney General Peter Farrell said the state has concerns about how the agencies have handled the evidence collected over the weekend. He pointed to the example of a photo that’s alleged to show Alex Pretti’s gun that was already leaked on social media.
Farrell said concerns were also raised by statements made by high-ranking administration officials that immediately painted Pretti as someone who intended to massacre law enforcement and a “domestic terrorist.”
Farrell also said extending the temporary restraining order wouldn’t cause any harm if the federal government already intended to preserve the evidence.
State Attorney General Keith Ellison has defended the decision to sue the federal government, saying that the state is in uncharted territory after federal agents killed two civilians and wounded another.
”This is not a rash decision for us to go to court and to seek a temporary restraining order from a judge to preserve evidence and prevent the destruction of evidence,” Ellison said. “I don't care if you're conservative, liberal or whatever, but you should at least be in favor of conserving evidence.”
U.S. District Court Judge Eric Tostrud said he will make a decision on whether to extend the restraining order banning the federal government from destroying evidence very soon.
In the underlying suit, the state wants the judge to order the federal government to give them access to evidence. That could be part of a potential criminal investigation or charges against agents involved in Pretti’s killing.
Correction (Jan. 27, 2026): Story has been corrected to indicate more than one federal agent shot Alex Pretti.
