Former Border Patrol Lawyer Condemns Minneapolis Killing

Chris Duncan says agents violated use-of-force policies in death of VA nurse Alex Pretti

Published on Feb. 9, 2026

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Chris Duncan, a former senior attorney with U.S. Customs and Border Protection who served for 16 years advising and defending federal law enforcement officers, has condemned the actions of Border Patrol agents in the killing of U.S. citizen and VA ICU nurse Alex Pretti in Minneapolis. Duncan says the agents' conduct violated established legal standards for the use of force and that ordering Border Patrol into urban protest policing roles they are not trained for invites tragedy.

Why it matters

This case highlights the risks of deploying federal agents like Border Patrol in roles they are not equipped to handle, such as urban crowd control and protest policing. It raises questions about the training, oversight, and accountability of federal law enforcement, as well as the broader debate around the appropriate use of force by police.

The details

According to Duncan, the Border Patrol agents in Minneapolis violated multiple legal standards in their encounter with Pretti. This includes: using force to push a female protester to the ground, tackling Pretti without justification, failing to use required intermediate force options like batons or tasers before resorting to deadly force, and discharging a firearm while another agent was physically engaged with Pretti, creating a risk of friendly fire. Duncan says these actions were "antithetical to everything Border Patrol agents are trained to do" and that the agents lacked the proper training for urban protest policing.

  • The incident occurred last Saturday in Minneapolis.

The players

Chris Duncan

A former senior attorney with U.S. Customs and Border Protection who served for 16 years advising and defending federal law enforcement officers.

Alex Pretti

A U.S. citizen and VA ICU nurse who was killed by Border Patrol agents in Minneapolis.

U.S. Border Patrol

A federal law enforcement agency under U.S. Customs and Border Protection that is responsible for securing U.S. borders and preventing illegal entry into the country.

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What they’re saying

“The U.S. Border Patrol motto 'Honor First' is not just a slogan. It is a legal and ethical mandate.”

— Chris Duncan, Former senior attorney, U.S. Customs and Border Protection (whittierdailynews.com)

“Border Patrol agents are among the most highly trained federal officers in the country when it comes to rural interdiction, cartel encounters, and operating alone in remote terrain. They are not trained for urban crowd control, protest policing, or de-escalation with U.S. citizens.”

— Chris Duncan, Former senior attorney, U.S. Customs and Border Protection (whittierdailynews.com)

What’s next

The Department of Justice has announced it will conduct a full investigation into the incident in Minneapolis to determine if any federal civil rights laws were violated.

The takeaway

This case underscores the need for greater oversight, training, and accountability for federal law enforcement agencies like the Border Patrol, especially when they are deployed in roles and environments they are not equipped to handle. It also raises broader questions about the appropriate use of force by police and the risks of militarizing domestic law enforcement.