From what I've seen so far, it looks like Pretti was disarmed before he was shot.
https://www.fox9.com/video/fmc-dg3fsrhu1zp2q7ab
>>>Greg Bovino, Border Patrol commander . . . tells the press that this morning, an individual approached ICE agents
with a 9mm semi-automatic handgun.<<<
The shooting follows days of protests in the city over the Trump administration's immigration enforcement operation.
www.bbc.com
Interesting choice of words. Did the ICE agents know he had a gun? By itself, carrying a gun is legal. By itself approaching ICE agents is also legal.
From the same bbc news report:
>>>The agents "attempted to disarm the individual but he violently resisted".
"Fearing for his life... a Border Patrol agent fired defensive shots," Bovino continues. . . . The man had two loaded magazines and no accessible ID, he adds.
"This looks like a situation where an individual wanted to do maximum damage and massacre law enforcement," he says.<<<
If Pretti was already disarmed when he was shot (this is not clear), Bovino's description of the incident is misleading.