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DHS says illegal immigrant sought amid Pretti shooting had violent domestic history
By Charles Creitz
Published January 26, 2026
The illegal immigrant being sought during the operation that resulted in the death of a 37-year-old U.S. citizen had a violent rap sheet that included domestic assault involving intentional bodily harm, according to federal officials.
Jose Huerta-Chuma ultimately escaped capture during the chaos, Border Patrol Cmdr. Gregory Bovino told reporters Sunday, as he condemned characterizations of his agents as "Gestapo" — referencing the Nazi Geheime Staatspolizei — in the media and in public discourse.
Huerta-Chuma, reportedly an Ecuadorian national, also had other convictions, including driving without a valid license and disorderly conduct, when agents attempted to take him into custody at a Minneapolis donut shop.
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A wanted poster for illegal immigrant Jose Huerta-Chuma, who escaped during the incident that led to the shooting of Alex Pretti. (DHS)
"This individual walks the streets today because of those choices made by politicians and those, perhaps, weaker-minded constituents that chose to follow directions of those politicians," Bovino said.
The Minnesota Department of Corrections (DOC) later criticized Bovino in a statement, claiming "federal statements have repeatedly included inaccurate information about Minnesota custody and criminal records."
"The DOC reviewed available records to determine whether [Huerta-Chuma] had any connection to Minnesota state prison custody," the department said in a statement.
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The Minnesota DOC went on to say Huerta-Chuma had "never been" in state prison custody and that his state court records did not show any "felony commitments."
The agency said Huerta-Chuma’s name matched misdemeanor traffic offenses and said he had been in federal custody in a local Minnesota jail in 2018.
"Any decisions regarding release from federal custody at that time would have been made by federal authorities. DOC has no information explaining why this individual was released," the agency said, while also claiming it works with ICE to facilitate custody transfers in conflict with public statements by federal officials.
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During the ultimately unsuccessful capture of Huerta-Chuma, Pretti approached agents in the midst of their mission while armed with a 9 mm handgun and was killed when agents later fired "defensive shots," according to Bovino.
In the aftermath of Pretti’s death, further chaos erupted, and a federal agent was critically injured when an agitator bit off the end of his finger, according to DHS Assistant Secretary Tricia McLaughlin.
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Agitators converge after the shooting of Alex Pretti. (Stephen Maturen/Getty Images)
Minnesota Gov. Tim Walz, a Democrat, said a "log of evidence" is being created for potential future prosecutions of agents involved in the situation.
In response to the Minnesota DOC's accounting of Huerta-Chuma's record, a DHS spokesperson told Fox News Digital that his criminal history indeed includes the crimes mentioned by Bovino and others.
"On January 24, in Minneapolis Border Patrol were obstructed by agitators as they tried to arrest Jose Huerta-Chuma, whose criminal history includes domestic assault to intentionally inflict bodily harm, disorderly conduct, and driving without a valid license," the spokesperson said.
"This criminal illegal alien remains at large. We are calling on the public to report any sighting of this violent criminal illegal alien to 866-DHS-2-ICE."
Fox News Digital reached out to DHS for comment on the Minnesota DOC’s statements.
https://www.foxnews.com/politics/dhs-says-illegal-immigrant-sought-amid-pretti-shooting-had-violent-domestic-history