Legal analyst says new video shows Alex Pretti's 'state of mind' before fatal Border Patrol shooting

Footage appears to show Pretti spitting at agents, damaging government SUV a week before Minnesota shooting

Newly released video that appears to show Alex Pretti spitting at federal agents and damaging a government SUV days before he was fatally shot by U.S. Customs and Border Protection/Border Patrol agents in Minneapolis "shows his state of mind" leading up to his death, Fox News legal analyst Gregg Jarrett said Wednesday.

"[He was] an angry person who is expressing his rage with assault. Spitting at an officer is assault, obviously attacking a federal government vehicle and destroying the property, and then he seems to resist, to some extent, the arrest. It tells you a lot about his mindset," Jarrett said on "Hannity."

The footage — reportedly recorded on Jan. 13 and published Wednesday by The News Movement — appears to show Pretti wearing clothes and glasses similar to those he wore when he was killed.

The man is seen shouting and spitting at federal agents before kicking the taillight of a federal SUV, causing it to break.

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A man, who appears to be Alex Pretti, was seen in a new video kicking and spitting on a law enforcement vehicle. (The News Movement)

He shouted "f--- you" repeatedly and flashed double middle fingers as agents exited the vehicle, approached him and took him to the ground.

Pretti's family later confirmed his identity in the video to The Minnesota Star Tribune.

Just days later, Pretti was fatally shot by a Border Patrol officer during a targeted operation in Minneapolis, after video appeared to show him intervening to help a woman who had been knocked to the ground before the altercation continued.

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Mourners gather at a makeshift memorial in the area where Alex Pretti was shot dead a day earlier by federal immigration agents in Minneapolis, Minn., on Jan. 25. (Octavio Jones/AFP/Getty Images)

"Customs and Border Patrol were trying to fend off a protester. He gets involved, resists arrest. He's committing crimes all over the place," Jarrett said. 

"It's tragic that he lost his life, and it may be a case of mistaken perceptions when the shooting occurred, which invokes the imperfect self-defense, but that video tells a lot about Alex Pretti."

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Steve Schleicher, attorney for the Pretti family, told Fox News in a statement: "A week before Alex was gunned down in the street – despite posing no threat to anyone – he was violently assaulted by a group of ICE agents."

"Nothing that happened a full week before could possibly have justified Alex’s killing at the hands of ICE on Jan. 24."

Fox News' Greg Wehner and Matt Finn contributed to this report.