Statement #1: “An individual approached US Border Patrol officers with a 9 mm semi-automatic handgun” DHS Secretary Kristi Noem said in a news conference, adding that the suspect was “brandishing” a firearm.
Video shows Pretti had no visible firearm in his hands or on his body in the minutes before he interacted with immigration officers but was using a cell phone to record immigration raids in the area. This is allowable under the First Amendment, as long as it doesn’t interfere with law enforcement activity, such as an arrest.
The officers do not draw their firearms on Pretti, which would be standard training for how federal law enforcement should react if they see a suspect brandishing a gun.
The federal legal definition of “brandishing” is broad, stating that it doesn’t require the weapon to be directly visible, but that its presence is used to intimidate. There is no evidence from the video that Alex Pretti was using a gun for this purpose.
Statement #2: “This looks like a situation where an individual arrived at the scene to inflict maximum damage on individuals and kill law enforcement.”
One of the videos shows Pretti carrying a cell phone in his right hand and appearing to film immigration officers and agents in the area. It’s not yet known if he had had previous interactions with the officers or if this was the first encounter. The officers push him back by his chest to the curb; Pretti continues to keep his phone up, filming the interaction.
In another video, he...
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