Federal officials quickly labeled Alex Pretti as having "brandished" a firearm before he was fatally shot, but have not released public evidence to support that claim. Title 18 defines "brandishing" as making the presence of a firearm known to intimidate another person, even if the weapon is not fully visible. Experts say brandishing can apply without fully revealing a gun, but mere possession or a verbal disclosure does not necessarily meet the legal standard. CNN-reviewed video appears to show an officer pulling a weapon from Pretti shortly before shots were fired; authorities say the shooting is under investigation.
Officials Say Alex Pretti ‘Brandished’ a Weapon — Why That Claim Matters and Why Evidence Is Sparse
US Border Patrol Cmdr. Gregory Bovino speaks during a news conference Tuesday, January 20, in Minneapolis. - Angelina Katsanis/AP/File
Federal officials have quickly asserted that Alex Pretti, who was fatally shot by at least one Border Patrol agent in Minneapolis on Saturday, "brandished" a firearm at officers. Department of Homeland Security Secretary Kristi Noem said Pretti "attacked those officers, had a weapon on him and multiple dozens of rounds of ammunition, wishing to inflict harm on these officers, coming, brandishing like that." Noem did not specify when or how she concluded the weapon was "brandished."
Beyond its everyday meaning, "brandishing" has a specific legal definition and, in some cases, can be charged as a crime. Title 18 of the United States Code defines brandishing, in relation to firearms, this way:
"To display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person."
Seth Stoughton, a policing expert and law professor at the University of South Carolina, told CNN by email that a person can "brandish" without fully exposing a gun — for example, by gesturing toward a concealed weapon — but that mere possession or a verbal disclosure of a firearm does not necessarily meet the legal standard.
When asked whether officials had evidence that Pretti "brandished" his weapon, Border Patrol Commander-at-Large Gregory Bovino said the firearm became visible to officers at some point. "He brought a semi-automatic weapon to a riot, assaulted federal officers, and at some point, they saw that weapon," Bovino said.
CNN reviewed bystander video of the incident that appears to show an officer reaching into a group of officers trying to restrain Pretti, extracting a weapon from his waistband, and then — just over one second later — shots being fired. At least one agent is heard shouting, "he's got a gun," as the weapon is pulled out. Videos show one shot followed by multiple additional rounds.
Stoughton said he has seen no publicly released evidence that confirms Noem's specific characterization of "brandishing." He called the rapid public assertion "highly implausible" to support with a thorough investigation, given how quickly it was made. CNN also says it has not obtained video or audio that captures any words Pretti may have spoken in his final moments.
The Homeland Security Department and Border Patrol say the shooting is under investigation. Officials have indicated more information will be provided as the investigation proceeds, but as of now, there is no publicly available, conclusive evidence establishing that Pretti intentionally brandished his firearm to intimidate officers.
Reporting credits: CNN reporters contributed to this coverage.
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