Alex Pretti had ‘duty to retreat’

OPINION:

Alex Pretti, the 37-year-old Minnesota guy who inserted himself into a lawful ICE operation while, also lawfully, carrying a gun, and who was fatally shot by federal agents during a struggle, the details of which are being investigated, is being billed by most in the media as a simple, innocent, kindly nurse who helped poor veterans. Poor Pretti. Poor, innocent Alex Pretti — “murdered,” the ICE protesters say; wrongfully shot by “Nazi”-like, “Gestapo”-like federal agents who ought to “get the f—- out of” Minneapolis, the Democrat politicians say.

Half-truths, emotionally driven deceptions, political exploitation. This is what the left always does. The left always exploits chaos for its own leftist purposes. 

Usually, the chaos is born of the left’s own making, as well. But that doesn’t really matter because that little nugget gets lost in the coverage. There’s nothing like a good, emotionally charged crisis to get the leftists going and to prompt the knee-jerk outrage from their leftist friends in the media — right?

In Minnesota, in Minneapolis, with the fatal and tragic shooting of Pretti, the truth is a bit more complex than what the Democrats want narrated.

While Pretti had a lawful right to carry his weapon, and while he also had a lawful right to peaceably assemble and protest, ICE agents also had, and continue to have, a lawful right to be in the streets conducting their lawfully commissioned border control operation — and moreover, the lawful right to apprehend those who interfered, and who continue to interfere, with their operation. And in America, country of law and order, the truth, too, is that law enforcement has the legal right to handcuff and physically restrain those who attempt to undermine their operations — and even to fire their weapons upon those who behave in ways that are aggressive enough to cause concern and fear over life and safety. Yes, oh ye liberal leftists who hate accountability and personal responsibility and the concept called consequences for actions, law enforcement can truly shoot to kill in situations that warrant shooting to kill. But back to Pretti.

The videos of Pretti kicking out the taillight on the ICE agents’ vehicle are pretty clear in that they show a man who was trying to disrupt the lawful operation of federal agents. But that wasn’t the day Pretti was shot and killed; that was 11 days before he was shot and killed. 

As CBS recounts, of the Jan. 13 scuffle between Pretti and ICE agents: “In the video, he is seen kicking and damaging the taillight of a government SUV. The vehicle then stops, and federal agents emerge and tackle him to the ground. There appears to be a handgun in his waistband — as was also seen in footage from the day Pretti was killed.”

Yes again. The day Pretti was shot and killed, Jan. 24, was one in which he also carried a gun into the midst of a lawful ICE operation and attempted to interrupt agents as they worked.

The left is focused on pointing out Pretti had a legal right to protest; had a legal right to carry; and was therefore, “murdered” by feds.

Rights carry responsibility, however.

And rights to conceal carry weapons assign special responsibilities to the carrier.

Minnesota law is pretty specific about that.

From the website of Tamburino Law Group: “Understanding Minnesota’s ‘Duty to Retreat’ Law.” What’s that? Here’s more: In situations involving defense of self and loved ones, and by logical extension, involving the carrying of guns, the Minnesota “Duty to Retreat” law comes into play. Different from “Stand Your Ground” laws, “Duty to Retreat” is a “legal principle that requires individuals to avoid using deadly force, if it is possible to do so safely, before acting in self-defense.”

How does that apply to Pretti’s situation?

“Minnesota’s law imposes a higher standard of responsibility on individuals to de-escalate and avoid violence whenever possible,” the law firm wrote.

“The primary goal of the ‘Duty to Retreat’ law is to encourage de-escalation and minimize harm,” the law firm wrote.

“By mandating retreat when it’s safe, the law tries to prevent potentially fatal confrontations and promotes the idea that violence should only be a last resort,” the law firm wrote.

“While you have the right to protect yourself, the law also aims to discourage unnecessary violence,” the law firm wrote.

It’s still to be decided who fired first in Pretti’s fatal struggle with ICE. But that’s beside the point. The point is that Pretti, as a lawful gun carrier, had a legal responsibility to avoid situations that could grow violent and result in the firing of his weapon — to de-escalate — to retreat. The right of Pretti to carry his weapon did not absolve him of the responsibility of carrying in a manner that respected state law — not to mention common sense.

And with his history of violence against ICE, as evidenced just 11 days prior to his death, Pretti should have recognized his own limitations about dealing peaceably, as the First Amendment requires, with the government agents he wanted to protest. A smarter man — a wiser man — a responsible man — would have left home his gun before heading to the streets to protest. A smarter, wiser and more responsible man, too, would understand kicking out taillights and entering the operational zone of law enforcement agents actively working a mission, and while carrying a gun, is not the definition of what the First Amendment stipulates as “peaceably”; that is, to “peaceably” “assemble and to petition the government.”

Pretti did not deserve to be shot and killed. That is a truth.

But ICE has a right to conduct its lawful duties. That is also a truth.

And given Pretti’s actions, seen through Minnesota’s own gun laws and over a span of many days, he should have retreated, rather than advanced, on ICE agents. That is probably going to shown as a truth, as well.

• Cheryl Chumley can be reached at cchumley@washingtontimes.com or on Twitter, @ckchumley. Listen to her podcast “Bold and Blunt” by clicking HERE. And never miss her column; subscribe to her newsletter and podcast by clicking HERE. Her latest book, “God-Given Or Bust: Defeating Marxism and Saving America With Biblical Truths,” is available by clicking HERE.