Trump-appointed judge 'quickly' blocks admin from destroying evidence in new DHS killing

https://www.rawstory.com/judge-2675022814/

644 points · 77 comments · view on lemmy.world

77 Comments

ThePantser@sh.itjust.works · 182 pts · 219d (31 replies)

The evidence is the 10 videos all showing the same thing. ICE is guilty of murder. The videos are all over the Internet, what could they destroy? Other than the name of the murderer there isn't anymore needed to convict.

prole@lemmy.blahaj.zone · 96 pts · 219d (26 replies)

Bullet casings, for one. More than one person shot him.

Mirshe@lemmy.world · 21 pts · 219d (1 reply)

The firearm they claim to have taken off him. The photo they posted is old and literally off Google Images.

NotMyOldRedditName@lemmy.world · 4 pts · 219d

The CNN video shows them disarming him and it not being in the beating area when the murder happens

https://www.cnn.com/2026/01/25/us/video/minneapolis-ice-shooting-alex-pretti-visual-analysis-digvid

That picture might not be that gun, but there is proof they should have a gun in their possession.

chiliedogg@lemmy.world · 3 pts · 218d

Felony murder rule. If you take part in a felony and someone dies as an outcome, you can be charged with murder.

It's how getaway drivers for gas station robberies get convicted of murder when things go south and their buddy shoots the clerk.

sik0fewl@piefed.ca · 2 pts · 219d (1 reply)

Out of all the angles I've seen, there only appears to be one agent that shoots him.

frog_brawler@lemmy.world · 3 pts · 219d
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ZombieCyborgFromOuterSpace@piefed.ca · -10 pts · 219d (20 replies)

--I only saw one agent shoot him.--

Edit: For clarification, in the videos I only see one agent pull out a gun and shoot. If anyone could be so kind to show me where other agents are pulling out their weapons and shooting, that would be swell.

And for the record, fuck ICE. I hate these Nazi wannabe sons of bitches as much as anyone else on here. 

EDIT2:

Thanks @notmyoldredditname@lemmy.world for providing this video! Now it's pretty clear there were more than one agent shooting Petti.

https://www.cnn.com/2026/01/25/us/video/minneapolis-ice-shooting-alex-pretti-visual-analysis-digvid

auraithx@lemmy.dbzer0.com · 7 pts · 219d (10 replies)

Only one agent shot him.

The debate is whether the first shot was the gun they took off him misfiring.

ZombieCyborgFromOuterSpace@piefed.ca · 4 pts · 219d (3 replies)

Ah! Ok. No I don't think that's what I saw. They pulled something off his back, and THEN the ICE agent pulled out THEIR gun and shot the man. That's pretty clear. The victim never even touched his own gun.

At least that's what I saw in the videos.

There was no need to shoot him. They had wrestled him to the ground. He wasn't a threat. This is absolutely an abuse of power and should be considered as a murder. There's no doubt in my mind.

auraithx@lemmy.dbzer0.com · 1 pts · 216d (2 replies)

That’s not in conflict with what I said. The debate was whether the gun misfired when the first agent walked away with it.

ZombieCyborgFromOuterSpace@piefed.ca · 1 pts · 216d (1 reply)

Oh. No there was no misfire. That's VERY obvious. 

auraithx@lemmy.dbzer0.com · 1 pts · 216d

I didn't think there was just stating what the debate was.

There is a gif floating about that shows what looks like the chamber of his gun shifting - but it's very low-res and there's no associated smoke/recoil or anything, could just be an artefact / light

And it seems the main shooters elbow did recoil slightly alongside the 1st shot.

treesquid@lemmy.world · 4 pts · 219d (2 replies)

Not misfiring, a misfire is a malfunction of the weapon or ammo. This would be the ICE agent incompetently discharging the weapon while disarming him.

vala@lemmy.dbzer0.com · 1 pts · 218d

"Negligent discharge" is the legal term im pretty sure.

Implying the person who did it doesn't know how to properly handle a firearm.

auraithx@lemmy.dbzer0.com · 1 pts · 216d

? Yeah no shit. The debate was because the gun he had was known to misfire.

frog_brawler@lemmy.world · 2 pts · 219d (2 replies)
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auraithx@lemmy.dbzer0.com · 0 pts · 216d (1 reply)

Source? Not seen anyone claim as such.

frog_brawler@lemmy.world · 1 pts · 216d
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NotMyOldRedditName@lemmy.world · 6 pts · 219d (2 replies)
ZombieCyborgFromOuterSpace@piefed.ca · 4 pts · 219d (1 reply)

Hoooooly shit.

Ok. Yeah now it's clear. What's also clear is this was a fucking execution. (As if this wasn't obvious enough from the first footage that came out.)

Absolutely disgusting.

NotMyOldRedditName@lemmy.world · 3 pts · 219d

Ya, the more videos that come out the worse and worse this is getting.

The first video I saw, I only heard 3 shots. I was shocked when more videos came out and it was way more than that. Like wtf.

Onyxonblack@lemmy.zip · -14 pts · 219d (5 replies)
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phoenixz@lemmy.ca · 18 pts · 219d (2 replies)

Eh, calm down and toch some grass dude. This is a wee bit over the top response to a fairly normal comment, so just, you know, go smoke some weed or something

Onyxonblack@lemmy.zip · -13 pts · 219d (1 reply)
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Galapagon@sh.itjust.works · 11 pts · 219d

Maybe he was misinformed himself, and the attitude you're presenting isn't going to change his, or anyone else's mind.

Corporal_Punishment@feddit.uk · 7 pts · 219d

Dude. The video only clearly shows one ICE agent shooting the victim.

Accepting that as fact doesn't make us fascist sympathisers ffs.

ZombieCyborgFromOuterSpace@piefed.ca · 5 pts · 219d

Holy shit dude! Calm down!

ReallyActuallyFrankenstein@lemmynsfw.com · 29 pts · 219d

Photos of the scene, work timesheets showing who is there, witness information...

I also would love to see charges filed immediately, but there's a reason they collect all the evidence first. Yes, we all saw it, but a good state prosecutor has to know at this point the federal Trump DOJ and DHS will certainly remove the case to federal court (even if it proceeds under state law) and will try to intervene to dismiss. They will pull out every dirty trick possible to avoid a finding of guilt beyond a reasonable doubt. That includes sabotaging evidence solely in their custody or claiming the prosecutor did not do due diligence and then produce some magically exonerating new evidence.

If we want the charges to stick, we need to box in the DOJ and DHS.

JoMiran@lemmy.ml · 5 pts · 219d (1 reply)

There are ten? Can you provide a link(s)? I am collecting every one I see shared and backing them up to a single Mega share.

ThePantser@sh.itjust.works · 1 pts · 219d

Estimated, seems like there are so many recording.

nova_ad_vitum@lemmy.ca · 4 pts · 219d

Do you know the identity of the shooter? Cause they're not just going to tell you.

CharlesDarwin@lemmy.world · 84 pts · 219d (7 replies)

Why would they want to destroy evidence?

I thought this was "the most transparent administration in history"?

Doomsider@lemmy.world · 36 pts · 219d (3 replies)

Transparent to them means they can be openly racist, sexist, and general xenophobic cunts.

What you are looking for is honest. They are not honest

CharlesDarwin@lemmy.world · 14 pts · 219d (2 replies)

I think they like to gaslight about the "transparent" thing, because according to them, Biden was not transparent because he wasn't doing a presser every five minutes. Donvict doesn't talk to the press to provide info, he does it because he is a narcissist.

Doomsider@lemmy.world · 3 pts · 219d

That makes a lot of sense. A lot of what they do is for perceived injustice against them.

luciferofastora@feddit.org · 1 pts · 218d

Gaslighting about transparency is a sour kind of irony

monkeyslikebananas2@lemmy.world · 20 pts · 219d

Transparently corrupt.

tempest@lemmy.ca · 7 pts · 219d

Even if they didn't destroy evidence what is going to happen? Congress seems fine with the current set of events.

Flying_Lynx@lemmy.ml · 7 pts · 219d

As "transparent" as in "nothing to see".

smeg@infosec.pub · 60 pts · 219d

Evidence isn't necessary when the law doesn't matter

W3dd1e@lemmy.zip · 52 pts · 219d (1 reply)

The fact that this had to be said is ridiculous. America is so fucked.

ameancow@lemmy.world · 8 pts · 218d
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Strakh@lemmy.world · 44 pts · 219d (3 replies)

Wait... You have to have a court tell the federal government to not destroy/alter/plant evidence?

How.. how is that a thing? Should'nt that just happen normally?

BlameTheAntifa@lemmy.world · 18 pts · 219d (1 reply)

Yes.

But there are no consequences so they will ignore the court order and destroy any and all evidence they can, just as they did for Renee Good’s killer, the murderer Jonathan Ross.

fodor@lemmy.zip · 1 pts · 217d

It's not quite that bad. Accessory after the fact for murder can result in the same sentence as the murder itself. So some of these ICE pigs, they could face life in prison if they have destroyed evidence poorly.

Of course it depends on the details.

Bakkoda@lemmy.world · 7 pts · 218d

Law has never really accounted for bad faith actors from the prosecution side. They most likely won't enforce it either. We're very quickly finding out just how much laws won't help us.

Bwaz@lemmy.world · 41 pts · 219d (1 reply)

Cute that he thinks they'll obey the order.

Drusas@fedia.io · 3 pts · 218d

We don't know that he does.

Snapz@lemmy.world · 39 pts · 219d (11 replies)

Is this not covered by standing law? When it is ever legally allowed to alter or destroy evidence?

Is the distinction more that typically this would be a slap on the wrist for law enforcement, but the TRO makes it explicit that there would be consequences?

markovs_gun@lemmy.world · 4 pts · 219d (4 replies)

That is the job of judges- to interpret existing law. The news here is that a judge agreed that it is illegal and told them not to do it.

Snapz@lemmy.world · 1 pts · 219d (3 replies)

Again, how is there not precedence in law of or being illegal to alter or destroy evidence? You have a confident response by tone, but respectfully, I don't hear any substance you've offered?

It's as if a judge explicitly ruled that murder is illegal... Nice to reestablish, Y but yes, that's established. I'm just trying to understand what this does distinctly?

markovs_gun@lemmy.world · 2 pts · 219d (2 replies)

Are you familiar with how common law systems in the US and other former English colonies work? Essentially the way it works is

  1. Party A does something they believe is within their rights under the law. In this case, trying to destroy evidence. Now, the crucial part here is that Party A can be wrong about their claim, but our legal system determines that courts are the ones that have to decide whether that is true.

  2. Party B sues in court claiming that Party A did something illegal. In this case, the state of Minnesota is claiming that Ice is trying to do something illegal by trying to destroy evidence

  3. The judge looks at the facts of the case and determines if Party A did in fact do something illegal, taking things like precedent into account.

  4. If the judge believes that Party B is right and Party A's actions were indeed illegal, like they did in this case, they issue a judgement that both parties must abide by.

In this case, it is blatantly obvious that the actions are actually illegal but our legal system is set up in a such a way that this must be proven in court.

Snapz@lemmy.world · 2 pts · 219d (1 reply)

I appreciate the expansion. Again though, we go to court to convict an accused murderer and the judge/jury rules eventually, but is there a preliminary statement by the judge in every case to reestablish for the record, the illegality of murder as an act?

My point is that it feels odd that there isn't established law that states this clearly prior to the act where a judge is required to make a preliminary statement like this, where they wouldn't with a murder charge in my experience.

markovs_gun@lemmy.world · 4 pts · 219d

Ah I didn't see what was tripping you up. In this case, this is normally not noteworthy at all. Consider a case where a local car dealership owner is accused of committing tax fraud. If he was taken to court over it, the judge would issue an order like this saying not to destroy evidence that could be used. The noteworthy part is that our judicial system, particularly Trump appointed federal judges, has been mostly unwilling to reign in Trump's abuses at all and so something like this feels like a win

Lasherz12@lemmy.world · 2 pts · 218d (1 reply)

It's more that the judge wants the punishment to be greater than the typical punishment for tampering with evidence. When the victim is dead the law tends to give undue credence to the statements of the survivor as there is only 2nd hand testimony provided for the prosecution. We should interpret it as a judge making a stand and vowing harsh penalties and the supreme court/appeals should interpret it as the judge making it much harder to overturn the eventual decision.

Snapz@lemmy.world · 1 pts · 218d

Very clarifying. Thank you

DeadDigger@lemmy.zip · -22 pts · 219d (3 replies)

I mean did you ever throw out a bill? If you did you destroyed evidence you bought something

Snapz@lemmy.world · 15 pts · 219d

Sorry, what in the everloving name of shite are you talking about?

Hodrobond@lemmy.world · 5 pts · 219d (1 reply)

I think thats only true if you have knowledge of a potential crime and willful intent to destroy it?

DeadDigger@lemmy.zip · 1 pts · 218d

Well but you still destroyed evidence this guy is obviously against destroying any evidence ever

JohnnyCanuck@lemmy.ca · 16 pts · 219d (4 replies)

Why would this have to be specified? Obviously the law doesn't matter.

digitalFatteh@lemmy.ca · 23 pts · 219d (3 replies)

I would like to think that Judges, especially those leaning Republican, are starting to think that some people might start thinking they’re complicit. So maybe they want to keep heads on shoulders.

Serinus@lemmy.world · 5 pts · 219d

Or we set up the judiciary to be independent, despite who appointed them, and sometimes that works.

AA5B@lemmy.world · 4 pts · 219d

It’s even possible that judge is doing what he thinks is right

SeeMarkFly@lemmy.ml · 3 pts · 219d

Funny, he doesn't look French.

TheObviousSolution@lemmy.ca · 10 pts · 218d

So basically another illegal act that can be thrown at him only to be ignored: manipulating evidence. Although to be fair, hard to manipulate what is already out there, so I don't think it's likely he will.

MedicPigBabySaver@lemmy.world · 10 pts · 219d

MURDER!

digitalFatteh@lemmy.ca · 10 pts · 219d (1 reply)

Probably waiting on orders and a stipend before they mysteriously change there mind and throw their hands on the air as there was nothing they could do.

givesomefucks@lemmy.world · 16 pts · 219d

I mean. That's just ignorant at this point...

Even the judges trump was placing for the federalist society a decade ago are turning on trump, and have been this whole term.

It's not enough, we need more out of court systems. But this is something, and it is real.

Like, shits fucking serious. We need to be honest about what's happening

lmmarsano@lemmynsfw.com · 10 pts · 218d (5 replies)

The state police had a search warrant, and investigating a shooting is not DHS jurisdiction. Why didn't the police arrest (for obstruction) DHS representatives blocking their investigation & let the courts sort it out as they proceed with their investigation?

ecvanalog@lemmy.world · 3 pts · 218d (4 replies)

Because there is a 50/50 chance they would all get murdered and their bodies disappeared, too.

lmmarsano@lemmynsfw.com · 1 pts · 218d (2 replies)

Murdering police officers seems implausible & liable to instigate a nastier predicament for the federal government.

ecvanalog@lemmy.world · 1 pts · 216d

It is WILD how you continue to think there is anybody at the wheel except accelerationists.

drmoose@lemmy.world · 0 pts · 218d

Yeah what an absurd suggestion. The moment feds kill a local policeman is the moment it all collapses.

fodor@lemmy.zip · 1 pts · 217d

Well no. The disappearance is unlikely. But they are largely outnumbered, so if it turned into a gun fight, they would definitely lose. Well, the feds would lose too, but not as badly as the state pigs.

Adderbox76@lemmy.ca · 7 pts · 219d

They...will...do...it...anyway....

Fuck it's so frustrating watching one side pretend the rule of law still means anything.

bappity@lemmy.world · 5 pts · 219d (2 replies)

as if a judge can stop them at this point. haven't they shown that the law doesn't matter at all?

court in America is just political theatre now

AA5B@lemmy.world · 8 pts · 219d

It’s another crime they’re guilty of. Hopefully a continued buildup of evidence will help some true believers see the light, but more importantly it is yet another thing they can be charged with and is harder to cover up.

The court system will never be immediate or truly dramatic, but as long as the wheels of justice continue to grind forward, however slowly, there is hope

feddylemmy@lemmy.world · 5 pts · 219d

Whats the point of your comment? Is the implication they should do nothing? The judicial branch has successfully stopped the executive multiple times. Not sure what you're on about.

fodor@lemmy.zip · 2 pts · 217d

So the interesting thing will be that, look, the feds are going to ignore this. They have and will delete data and burn evidence. There's a name for that crime: accessory after the fact.

On the one hand, of course contempt charges don't matter to feds who don't care. On the other hand, the penalty for accessory to murder can be as long as the penalty for murder itself. So it's possible that a half dozen feds could get locked up for life, depending on who did what and when.

And there is no statute of limitations for any of this. They can never feel like they got away with it.

Treczoks@lemmy.world · 1 pts · 217d

But will that stop them? Once properly deleted, the judges words become worthless.

Avicenna@programming.dev · 1 pts · 219d

Surprisingly a judge was found to carry out his duties