Minnesota criminal investigators have again been denied access to evidence and other materials collected by federal authorities after the fatal shooting of Alex Pretti, state officials said Monday.

The Minnesota Bureau of Criminal Apprehension (BCA) had been shut out of the investigation from the outset. The BCA continued to seek access to evidence while the state conducts its own probe. BCA Superintendent Drew Evans said Monday that the FBI formally notified the state on Friday that it won’t grant the access.

Pretti, an ICU nurse, was killed by Border Patrol agents as Pretti filmed their immigration actions in Minneapolis on Jan. 24. Several agents piled on Pretti as they sought to handcuff him before one opened fire. At least two officers fired multiple shots. Pretti died at the scene.

“While this lack of cooperation is concerning and unprecedented, the BCA is committed to thorough, independent and transparent investigations of these incidents, even if hampered by a lack of access to key information and evidence,” Evans said.

“Our agency has committed to the FBI and Department of Justice that should its stance change we remain willing to share information that we have obtained with that agency and would welcome a joint investigation. We will continue to pursue all legal avenues to gain access to relevant information and evidence.”

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