Investigators in Customs and Border Protection’s internal probe into Alex Pretti killing have limited evidence access

By Shimon Prokupecz, Holmes Lybrand, Evan Perez, CNN

(CNN) — Investigators tasked with running the internal Customs and Border Protection probe into the fatal shooting of Alex Pretti have had limited access to information and evidence obtained by the Department of Homeland Security’s investigative agency (HSI) and the FBI, a law enforcement official briefed on the matter told CNN.

According to the report, a border protection agent and officer fired their government-issued pistols during the incident seconds after a different agent yelled, “He’s got a gun” multiple times.

The internal investigation, led by Customs and Border Protection’s Office of Professional Responsibility, sent the first official report on the shooting to Congress on Tuesday.

But the law enforcement official told CNN the Office of Professional Responsibility has been unable to access evidence requested from HSI, an agency that normally assists in these internal investigations — marking another sharp departure from past investigations.

Investigators were, however, able to view footage from body cameras worn by officers involved in the incident that day prior to the initial report to Congress.

Separate from both the federal investigation and the internal CBP probe, local law enforcement officials also say DHS and the FBI have not shared any evidence they collected in the case so far.

A federal judge in Minnesota had granted a temporary restraining order blocking federal agencies from destroying or altering evidence related to the shooting.

“Federal investigators have not shared any information with Minnesota BCA agents,” Michael Ernster, a spokesman for the state’s Bureau of Criminal Apprehension, told CNN on Wednesday. “Our own investigation into this incident remains open.”

Following a call with President Donald Trump on Monday, Minnesota Gov. Tim Walz wrote in a statement that Trump had agreed to allow the state’s investigation to continue.

“The President agreed that he would talk to his Department of Homeland Security about ensuring the Minnesota Bureau of Criminal Apprehension is able to conduct an independent investigation, as would ordinarily be the case,” Walz said in his statement following a call with Trump.

Walz told CNN’s Anderson Cooper this week that Tom Homan — the White House Border czar who Trump dispatched to Minnesota following the shooting — said he would talk to FBI Director Kash Patel about the issues between state and federal investigators.

“He said he would call Kash Patel about it,” Walz said.

The FBI often takes the lead on such investigations, but has taken a back seat to HSI, even handing over Pretti’s firearm to the agency. The FBI initially sent the gun to their local laboratory for standard tests on the weapon.

HSI also has possession of Pretti’s phone and other evidence gathered from the scene and a small group of HSI investigators have been poring over footage of the incident and video taken from as many as 30 body cameras worn by officers that day.

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