ST. PAUL, Minn. (FOX 9) – The Minnesota BCA has announced the FBI has officially informed the agency it will not allow the state access to evidence in the shooting of Alex Pretti at the hands of federal agents in Minneapolis last month.

FBI denies access to Pretti evidence

What we know:

In a statement on Monday, the BCA said the notification about the denial came on Feb. 13 as the agency reiterated requests for information on the shootings of Renee Good, Alex Pretti and Julio Sosa-Celis.

The state had argued in court for the preservation of evidence in the Pretti shooting and was initially granted a restraining order which was later lifted as the Department of Justice opened a civil rights investigation into the shooting. Federal officials have said the shooting is being reviewed jointly by the Department of Homeland Security and FBI.

What’s next:

The BCA says it will continue to investigate the shootings despite the lack of cooperation from the federal government.

Hennepin County Attorney Mary Moriarty has said she expects to have enough evidence to make a charging decision in Pretti’s shooting along with the Good and Sosa-Celis shootings. However, there are questions about whether a state case against a federal officer would survive the courts due to the Supremacy clause in the constitution.

The backstory:

Alex Pretti was shot and killed on Saturday, Jan. 24 after a confrontation outside of Glam Doll Donuts along Nicollet Avenue.

ProPublica has identified the federal officers involved in the shooting as Border Patrol Agent Jesus Ochoa and Customs and Border Protection Officer Raymundo Gutierrez.

Witness video appears to show agents disarming Pretti before gunfire erupted. According to the New York Post, the Department of Homeland Security was investigating whether an agent misfired Pretti’s weapon after seizing it, leading other officers to mistake the accidental shot for an attack.

Full statement from the Minnesota BCA

What they’re saying:

The FBI formally notified the Minnesota Bureau of Criminal Apprehension (BCA) on Feb. 13 that it will not provide the BCA with access to any information or evidence that it has collected in the Jan. 24 shooting death of Alex Pretti. The BCA reiterated the request to receive information, access to evidence, and cooperation in the Jan. 7 shooting death of Renee Good and the Jan. 14 shooting of Julio Sosa-Celis. It remains unclear if there will be any cooperation or sharing of information related to those two shootings.

While this lack of cooperation is concerning and unprecedented, the BCA is committed to thorough, independent and transparent investigations of these incidents, even if hampered by a lack of access to key information and evidence. Our agency has committed to the FBI and Department of Justice that should its stance change we remain willing to share information that we have obtained with that agency and would welcome a joint investigation. We will continue to pursue all legal avenues to gain access to relevant information and evidence.

BCA investigations of these incidents continue. The BCA will present its findings without recommendation to the appropriate prosecutorial authorities for review. 

Anyone with information about the shooting of Alex Pretti, Renee Good or Julio Sosa-Celis is urged to contact the BCA at 651-793-7000 or by email at bca.tips@state.mn.us.