Why haven’t we seeing the footage on Alex Pretti’s phone moments before Border Patrol agents killed him?

Screenshot of a video where Alex Pretti holds a phone near his chest, recording, as a Border Patrol agent gets in his face.
Screenshot/X

Following the killing of Alex Pretti by federal agents over the weekend, the cell phone Pretti was holding moments before his death has disappeared into federal custody.

The New York Times reports that the FBI initially collected evidence from the shooting, including Pretti’s handgun and phone, but has turned over that evidence to Homeland Security Investigations, a division of the Department of Homeland Security, which is now handling the investigation into Pretti’s death.

Pretti’s family told the Associated Press Monday that they have no idea where the phone is, and his father, Michael Pretti, said they have yet to be contacted by federal law enforcement. But perhaps most troubling, officials told CBS News that there was no documented chain of custody for Pretti’s gun, raising the question of whether evidence has been improperly handled (or footage erased). The Department of Homeland Security has refused to publicly confirm whether it has the video he was recording.

Minnesota state authorities were denied access to the crime scene, despite obtaining a judge’s warrant. The state even had to obtain a temporary restraining order to stop the federal government from altering or destroying evidence, which the Trump administration shockingly is trying to overturn.

“We’ve never had to do anything like this before,” said Minnesota Attorney General Keith Ellison, adding that the situation was “uncharted territory.”

All of this raises the question as to whether the investigation into Pretti’s death will be anything close to fair and independent. Border Patrol is part of DHS, so essentially the department is investigating itself, and the Trump administration isn’t exactly known for accepting negative rulings or restrictions.