Were Border Patrol Agent Jesus Ochoa and CBP Officer Raymundo Gutierrez justified in fatally shooting Alex Pretti?
Border Patrol agent Jesus Ochoa and CBP officer Raymundo Gutierrez fatally shot ICU nurse Alex Pretti in Minneapolis. DHS said he was armed and violently resisted; bystander video shows agents had already disarmed him before firing.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
This case classifies responses to whether Agent Jesus Ochoa and Officer Raymundo Gutierrez were justified in fatally shooting Alex Pretti on January 24, 2026. The central dispute is whether Pretti posed an active armed threat when the agents fired, given DHS's account that he approached armed and violently resisted disarming, set against bystander video that multiple news organizations say shows an agent removing Pretti's handgun from his waistband roughly a second before the first shots. The medical examiner's homicide ruling establishes the cause and manner of death but does not itself resolve whether the shooting was lawful or justified use of force. Pretti's own prior conduct during the surrounding protests, his family's retention of legal counsel, and the Department of Justice's ongoing civil rights investigation do not independently resolve the justification question; they document reactions to and the pending resolution of the same disputed shooting.
Timeline
8 timeline entries on this page. Dates: January 24, 2026 to September 9, 2026
January 2026
3 events
Ochoa and Gutierrez fatally shoot Alex Pretti in Minneapolis
Incident
During Operation Metro Surge, Border Patrol agent Jesus Ochoa and CBP officer Raymundo Gutierrez fired approximately ten shots that killed Alex Pretti on Nicollet Avenue in Minneapolis after agents pepper-sprayed and pinned him to the ground and removed a handgun from his waistband.
[01]In Alex Pretti's killing, a sharp contrast between what Trump officials say and what video shows — CBS News
Source excerpt
An individual approached U.S. Border Patrol officers with a nine millimeter semi-automatic handgun ... The officers attempted to disarm this individual [who] violently resisted.
CBS News reporting quoting DHS's official account of the shooting (via Secretary Kristi Noem) that Pretti approached agents armed and violently resisted disarming, set against bystander video that CBS reviewed showing Pretti holding a cellphone and an agent removing a firearm from his waistband roughly a second before the first shot.
[02]Live updates: Federal agents shot and killed Alex Pretti in Minneapolis — NBC News
Source excerpt
Every video will be analyzed, everything will be looked at ... But this happened in seconds.
NBC News live-blog coverage verifying and analyzing multiple bystander videos of the encounter, showing Pretti holding a phone (not a firearm) with his empty left hand raised, being pepper-sprayed while trying to assist a woman agents had pushed down, before agents pinned and disarmed him.
Live updates: Federal agents shot and killed Alex Pretti in Minneapolis — NBC News · NBC Newslive blog, video-analysis entriesDHS gives official account; Frey and video analyses dispute it
Reaction
DHS Secretary Kristi Noem said Pretti approached officers armed with a 9mm handgun and violently resisted disarming, prompting defensive shots. The same day, Minneapolis Mayor Jacob Frey publicly asked how many more residents needed to die before the operation ended, and news organizations began publishing bystander-video analyses.
[01]In Alex Pretti's killing, a sharp contrast between what Trump officials say and what video shows — CBS News
Source excerpt
An individual approached U.S. Border Patrol officers with a nine millimeter semi-automatic handgun ... The officers attempted to disarm this individual [who] violently resisted.
CBS News reporting quoting DHS's official account of the shooting (via Secretary Kristi Noem) that Pretti approached agents armed and violently resisted disarming, set against bystander video that CBS reviewed showing Pretti holding a cellphone and an agent removing a firearm from his waistband roughly a second before the first shot.
[03]A second U.S. citizen was killed by federal forces in Minneapolis. Here's what we know — PBS News
Source excerpt
How many more residents, how many more Americans need to die or get badly hurt for this operation to end?
Reports Minneapolis Mayor Jacob Frey's statement at a news conference hours after Pretti's shooting, questioning how many more people needed to be killed or hurt before Operation Metro Surge ended.
A second U.S. citizen was killed by federal forces in Minneapolis. Here's what we know — PBS Newsarticle body, Frey news conference quoteDOJ opens federal civil rights investigation
Deputy Attorney General Todd Blanche announced that the FBI, with the Justice Department's Civil Rights Division, would open a federal civil rights investigation into whether the agents who shot Pretti violated Fourth Amendment protections against unreasonable seizure and excessive force.
[04]DOJ opens civil rights probe into killing of Alex Pretti by federal agents — JURIST
Source excerpt
I don't think a single video should change any perception the Department of Justice may or may not have about that tragic occurrence last Saturday.
Reports Deputy Attorney General Todd Blanche's January 30 announcement that the FBI, with the DOJ Civil Rights Division, would lead a federal civil rights investigation into whether the agents who shot Pretti violated Fourth Amendment protections against unreasonable seizure and excessive force.
February 2026
4 events
ProPublica identifies Ochoa and Gutierrez as the agents who fired
Source release
ProPublica published government records identifying Border Patrol agent Jesus Ochoa, 43, and CBP officer Raymundo Gutierrez, 35, as the two agents who fired on Pretti, reporting their hire dates and assignment to Operation Metro Surge.
[05]CBP Agents Jesus Ochoa, Raymundo Gutierrez Identified in Alex Pretti Shooting — ProPublica
Source excerpt
They should not be anonymous. They should be identifiable.
ProPublica's identification of Border Patrol agent Jesus Ochoa and CBP officer Raymundo Gutierrez as the two agents who fired on Alex Pretti, based on government records reviewed by the outlet. Reports their ages, hire dates, roles, and assignment to Operation Metro Surge. Quote is Rep. Jamie Raskin's comment on why the agents' identities should not remain anonymous.
CBP Agents Jesus Ochoa, Raymundo Gutierrez Identified in Alex Pretti Shooting — ProPublica · ProPublicaarticle body, paragraphs identifying the agents and their assignmentsMedical examiner rules Pretti's death a homicide
The Hennepin County Medical Examiner's Office ruled that Pretti died of multiple gunshot wounds inflicted by law enforcement officers and classified the manner of death as homicide, a classification that does not by itself determine whether a crime occurred.
[06]Medical examiner rules Alex Pretti's death a homicide — KTTC
Source excerpt
the term homicide is defined as a death that happens at the hands of another person; however, not all homicides are a crime.
Reports the Hennepin County Medical Examiner's Office ruling, released February 2, 2026, that Pretti died of multiple gunshot wounds inflicted by law enforcement officer(s) and classifying the manner of death as homicide, a medical/legal classification that does not itself determine whether a crime occurred.
Trump says the Pretti and Good killings "should not have happened"
Reaction
In an Oval Office interview with NBC News' Tom Llamas, President Trump said the shootings of Pretti and Renee Good should not have happened while also saying neither of them "was an angel."
[07]TRANSCRIPT: President Trump interview with Tom Llamas of NBC News, extended transcript — NBC News
Source excerpt
No. I don't. It should've not happened. It was a very sad -- to me it was a very sad incident, two incidents. ... he was not an angel and she was not an angel. ... but still, I'm not happy with what happened there.
Full NBC News transcript of Tom Llamas's Oval Office interview with President Trump, in which Llamas asks whether Good's and Pretti's conduct justified what happened to them and Trump answers on the record.
TRANSCRIPT: President Trump interview with Tom Llamas of NBC News, extended transcript — NBC News · NBC Newstranscript, Renee Good/Alex Pretti exchangeHoman announces end of Operation Metro Surge
Border czar Tom Homan announced that Operation Metro Surge in Minneapolis would conclude, with agents beginning to leave the city, linking the drawdown to the deaths of Pretti and Renee Good and the resulting protests.
[08]Homan says Operation Metro Surge is ending in Minneapolis — NBC News
Source excerpt
I don't want to see any more bloodshed. I pray every night for the safety of law enforcement personnel and the safety of those in the community.
Reports border czar Tom Homan's February 12 announcement that Operation Metro Surge in Minneapolis would conclude, directly linking the drawdown to the deaths of Renee Good and Alex Pretti and the resulting protests.
Homan says Operation Metro Surge is ending in Minneapolis — NBC News · NBC Newsarticle body
209 days between recorded events
September 2026
1 event
Federal investigators interview key eyewitness
FBI investigators, with DHS and the U.S. Attorney's Office present, interviewed eyewitness Wynnie Savageford at the Minneapolis federal courthouse, confirming the federal civil rights investigation remained active as of September 2026 with no public charging decision against either agent.
[09]Federal investigators interview key witness to Alex Pretti shooting — MPR News
Source excerpt
We feel great after today. Wynnie was so brave. She gave such good testimony, very detailed, very concise.
MPR News reporting that FBI investigators, with DHS and the U.S. Attorney's Office present, interviewed eyewitness Wynnie Savageford at the Minneapolis federal courthouse on September 9, 2026, confirming the federal civil rights investigation into the shooting remained active as of that date with no charging decision yet reported.
Federal investigators interview key witness to Alex Pretti shooting — MPR News · MPR Newsarticle body
Response record
Responses
Latest recorded positions: 5. Dates: January 24, 2026 to February 4, 2026
Choose one response filter, or select All responses to see the full record.
2 responses on this page
U.S. Department of Homeland SecurityDirectly involved"At 9:05 AM CT, as DHS law enforcement officers were conducting a targeted operation in Minneapolis against an illegal alien wanted for violent assault, an individual approached US Border Patrol officers with a 9 mm semi-automatic handgun, seen here. The officers attempted to disarm the suspect but the armed suspect violently resisted."
Open source (opens in a new tab)Video Analyses at Odds with DHS Statements on Minneapolis Shooting — FactCheck.orgarticle body, quoting DHS's January 24, 2026, 11:31 a.m. CT X postDefended or excusedCase context: Were Border Patrol Agent Jesus Ochoa and CBP Officer Raymundo Gutierrez justified in fatally shooting Alex Pretti?
Why this label?
DHS's statement defends the agents' decision to fire by asserting Pretti was armed, approached officers, and violently resisted disarming -- directly excusing the use of deadly force under scrutiny in this case.
This label describes the statement’s response within the context above.
Read context and background
DHS posted an official account of the shooting on X hours after it occurred, saying Pretti approached agents armed with a handgun and violently resisted their attempt to disarm him.
Role at the time: U.S. Department of Homeland Security, official departmental statement
Before the statement
DHS posted its account of the shooting on X shortly after the incident, while describing the broader enforcement operation then underway in Minneapolis.
After the statement
The department's statement predated the release and independent analysis of multiple bystander videos of the encounter that news organizations said showed a different sequence of events.
Video Analyses at Odds with DHS Statements on Minneapolis Shooting — FactCheck.orgarticle body, quoting DHS's January 24, 2026, 11:31 a.m. CT X postKristi Noem "impeded their law enforcement operations, attacked those officers"
Open source (opens in a new tab)What the video shows — and doesn't — about the killing of Alex Pretti — Poynterarticle body, quoting Noem's Jan. 24, 2026 press conferenceDefended or excusedCase context: Were Border Patrol Agent Jesus Ochoa and CBP Officer Raymundo Gutierrez justified in fatally shooting Alex Pretti?
Why this label?
Noem characterizes Pretti as the aggressor who attacked and impeded officers, which excuses the agents' decision to fire rather than evaluating whether the force used was proportionate to any threat he actually posed.
This label describes the statement’s response within the context above.
Read context and background
DHS Secretary Kristi Noem told reporters at a January 24, 2026 press conference that Pretti impeded federal law enforcement operations and attacked officers, framing the shooting as a response to an assault.
Role at the time: U.S. Secretary of Homeland Security
Before the statement
Noem spoke to reporters at a press conference held the same day as the shooting, addressing the circumstances of the federal enforcement operation.
After the statement
Subsequent bystander-video analyses by multiple news organizations found Pretti was not seen brandishing a weapon and that his handgun was removed by an agent before the shots were fired.
What the video shows — and doesn't — about the killing of Alex Pretti — Poynterarticle body, quoting Noem's Jan. 24, 2026 press conference
Sources
(12)
Reporting
In Alex Pretti's killing, a sharp contrast between what Trump officials say and what video shows — CBS News
Relevant passage: article body
Excerpt
"An individual approached U.S. Border Patrol officers with a nine millimeter semi-automatic handgun ... The officers attempted to disarm this individual [who] violently resisted."
About this source
CBS News reporting quoting DHS's official account of the shooting (via Secretary Kristi Noem) that Pretti approached agents armed and violently resisted disarming, set against bystander video that CBS reviewed showing Pretti holding a cellphone and an agent removing a firearm from his waistband roughly a second before the first shot.
- Author
- Nancy Cordes
- Published
- Accessed
Analysis
What the video shows — and doesn't — about the killing of Alex Pretti — Poynter
Relevant passage: article body, quoting Noem's Jan. 24, 2026 press conference
Excerpt
"impeded their law enforcement operations, attacked those officers"
About this source
Poynter fact-check quoting DHS Secretary Kristi Noem's January 24, 2026 press conference statement that Pretti used his weapon to assault law enforcement officers, set against the outlet's review of bystander video.
- Author
- Maria Ramirez Uribe
- Published
- Accessed
Analysis
Video Analyses at Odds with DHS Statements on Minneapolis Shooting — FactCheck.org
Relevant passage: article body, quoting DHS's January 24, 2026, 11:31 a.m. CT X post
Excerpt
"At 9:05 AM CT, as DHS law enforcement officers were conducting a targeted operation in Minneapolis against an illegal alien wanted for violent assault, an individual approached US Border Patrol officers with a 9 mm semi-automatic handgun, seen here. The officers attempted to disarm the suspect but the armed suspect violently resisted."
About this source
FactCheck.org quotes DHS's official January 24, 2026 X post giving the department's account of the shooting, and compares it against independent video analyses that it says are at odds with that account.
- Published
- Accessed
Reporting
A second U.S. citizen was killed by federal forces in Minneapolis. Here's what we know — PBS News
Relevant passage: article body, Frey news conference quote
Excerpt
"How many more residents, how many more Americans need to die or get badly hurt for this operation to end?"
About this source
Reports Minneapolis Mayor Jacob Frey's statement at a news conference hours after Pretti's shooting, questioning how many more people needed to be killed or hurt before Operation Metro Surge ended.
- Author
- Joshua Barajas
- Published
- Accessed
Reporting
Homan says Operation Metro Surge is ending in Minneapolis — NBC News
Relevant passage: article body
Excerpt
"I don't want to see any more bloodshed. I pray every night for the safety of law enforcement personnel and the safety of those in the community."
About this source
Reports border czar Tom Homan's February 12 announcement that Operation Metro Surge in Minneapolis would conclude, directly linking the drawdown to the deaths of Renee Good and Alex Pretti and the resulting protests.
- Author
- Matt Lavietes
- Published
- Accessed
Reporting
DOJ opens civil rights probe into killing of Alex Pretti by federal agents — JURIST
Relevant passage: article body
Excerpt
"I don't think a single video should change any perception the Department of Justice may or may not have about that tragic occurrence last Saturday."
About this source
Reports Deputy Attorney General Todd Blanche's January 30 announcement that the FBI, with the DOJ Civil Rights Division, would lead a federal civil rights investigation into whether the agents who shot Pretti violated Fourth Amendment protections against unreasonable seizure and excessive force.
- Author
- Joshua Villanueva
- Published
- Accessed
Reporting
Federal investigators interview key witness to Alex Pretti shooting — MPR News
Relevant passage: article body
Excerpt
"We feel great after today. Wynnie was so brave. She gave such good testimony, very detailed, very concise."
About this source
MPR News reporting that FBI investigators, with DHS and the U.S. Attorney's Office present, interviewed eyewitness Wynnie Savageford at the Minneapolis federal courthouse on September 9, 2026, confirming the federal civil rights investigation into the shooting remained active as of that date with no charging decision yet reported.
- Author
- Nicole Ki
- Published
- Accessed
Reporting
Live updates: Walz visits Pretti memorial, calls for accountability — ABC7
Relevant passage: live-update entry, Jan. 28, 5:27 PM GMT
Excerpt
"I'm not so interested in shift in tone. We just need them out of here, and we need accountability for what's happened."
About this source
ABC News live-blog entry reporting Minnesota Governor Tim Walz's visit to a memorial for Alex Pretti and his on-camera comments to ABC News correspondent Matt Rivers about Operation Metro Surge and accountability for the shooting.
- Published
- Accessed
Interview
TRANSCRIPT: President Trump interview with Tom Llamas of NBC News, extended transcript — NBC News
Relevant passage: transcript, Renee Good/Alex Pretti exchange
Excerpt
"No. I don't. It should've not happened. It was a very sad -- to me it was a very sad incident, two incidents. ... he was not an angel and she was not an angel. ... but still, I'm not happy with what happened there."
About this source
Full NBC News transcript of Tom Llamas's Oval Office interview with President Trump, in which Llamas asks whether Good's and Pretti's conduct justified what happened to them and Trump answers on the record.
- Author
- Tom Llamas
- Published
- Accessed
Reporting
Medical examiner rules Alex Pretti's death a homicide — KTTC
Relevant passage: article body
Excerpt
"the term homicide is defined as a death that happens at the hands of another person; however, not all homicides are a crime."
About this source
Reports the Hennepin County Medical Examiner's Office ruling, released February 2, 2026, that Pretti died of multiple gunshot wounds inflicted by law enforcement officer(s) and classifying the manner of death as homicide, a medical/legal classification that does not itself determine whether a crime occurred.
- Author
- Brock Bergey
- Published
- Accessed
Reporting
Live updates: Federal agents shot and killed Alex Pretti in Minneapolis — NBC News
Relevant passage: live blog, video-analysis entries
Excerpt
"Every video will be analyzed, everything will be looked at ... But this happened in seconds."
About this source
NBC News live-blog coverage verifying and analyzing multiple bystander videos of the encounter, showing Pretti holding a phone (not a firearm) with his empty left hand raised, being pepper-sprayed while trying to assist a woman agents had pushed down, before agents pinned and disarmed him.
- Published
- Accessed
Reporting
CBP Agents Jesus Ochoa, Raymundo Gutierrez Identified in Alex Pretti Shooting — ProPublica
Relevant passage: article body, paragraphs identifying the agents and their assignments
Excerpt
"They should not be anonymous. They should be identifiable."
About this source
ProPublica's identification of Border Patrol agent Jesus Ochoa and CBP officer Raymundo Gutierrez as the two agents who fired on Alex Pretti, based on government records reviewed by the outlet. Reports their ages, hire dates, roles, and assignment to Operation Metro Surge. Quote is Rep. Jamie Raskin's comment on why the agents' identities should not remain anonymous.
- Author
- J. David McSwane
- Published
- Accessed