In battle for Evidence, Minnesota Sues Feds Over Fatal Border Patrol Shooting

Minnesota Attorney General Keith Ellison is concerned the federal government may “withhold” information about the death of ICU nurse Alex Pretti.

Minnesota criminal investigators and prosecutors have asked a federal court to bar Homeland Security and Justice Department officials from destroying or concealing evidence related to a U.S. Border Patrol officer’s fatal shooting of Minneapolis man on Saturday.

Federal agents at the scene of the shooting in Minneapolis on Saturday.

In a U.S. District Court filing late Saturday, Minnesota Attorney General Keith Ellison said federal officers had made “astonishing” missteps in the aftermath of the shooting, which indicated to him “the federal government may continue to withhold—and fail to protect—evidence.”

The filing opens new ground in the continuing battle between state and federal officials over federal law-enforcement operations that have turned deadly. Local authorities have been blocked from investigating the Jan. 7 fatal shooting of Renee Good, 37 years old, by an Immigration and Customs Enforcement agent.

On Saturday, Ellison said, state officials were once again blocked from gathering evidence at the scene where Minneapolis resident Alex Pretti, a 37-year-old intensive-care nurse, was fatally shot by a federal agent.

“If this Court does not provide immediate emergency relief, recent events suggest Defendants may fail to properly preserve evidence, and the State may permanently lose access to information gathered on the scene,” Ellison said.

Homeland Security didn’t immediately respond to a request for comment.

Pretti was wrestled to the ground by several federal agents and then fatally shot by a Border Patrol officer, according to federal and local officials. The Department of Homeland Security said Pretti approached officers with a handgun before the shooting, and labeled him a “domestic terrorist.”

Videos shared across social media of the moments before the shooting show Pretti filming federal officers and then being confronted by them. Agents appeared to spray a chemical irritant at Pretti and another person. In the moments before shots were fired, Pretti was on the ground, surrounded by multiple agents.

After the shooting, federal agents asked Minneapolis Police Department officers to leave the crime scene, according to court documents. The local police remained to protect the scene under orders from their watch commander.

Federal agents later blocked Minnesota Bureau of Criminal Apprehension investigators from examining the crime scene, even though investigators had a warrant signed by Minnesota District Court Judge Gina Brandt, according to the bureau.

“Obtaining a warrant to access a public space is unusual. But we thought it was necessary given the federal authorities’ refusal to allow us access,” Minnesota Bureau of Criminal Apprehension Superintendent Drew Evans said in a court filing.

It was the first time Evans could recall state investigators with jurisdiction over a crime scene being denied access by federal officers.

When federal agents left, local and state police who stayed to secure the crime scene were overrun by protesters, Evans said, which the lawsuit alleged likely spoiled evidence.

Homeland Security, not the Federal Bureau of Investigation, is conducting the investigation into the officer-involved shooting, Secretary Kristi Noem said.

When asked whether Homeland Security would work with local law enforcement, Noem said Minnesota Gov. Tim Walz couldn’t be trusted and accused the state of releasing dangerous criminals from prison onto the streets rather than handing them over to ICE.

But on Saturday evening, the Minnesota Department of Corrections accused Noem of falsely saying the state doesn’t cooperate with ICE. The agency said there had been “repeated false or misleading claims by DHS about DOC custody, detainers, and cooperation.” The Department of Corrections said it routinely works with ICE and noted that a top ICE official had acknowledged that publicly this past week.

Marcos Charles, acting head of ICE enforcement and removal operations, on Thursday said Minnesota’s Department of Corrections honors federal detainers.

“We pick up individuals from the state,” Charles told reporters, when asked about the claims. “When the state gets them and those detainers are lodged against the state, we get those bodies.”

Charles said the issue is with county jails—which vary in their practices and are typically managed by local sheriffs. He said ICE has been “opening up dialogue” with the counties on the matter.

Write to Jack Morphet at jack.morphet@wsj.com