The ICU nurse fatally shot by federal officers in Minneapolis was not armed at the time of his killing, despite the claim from officials, according to witness footage.

At around 9 a.m. local time on Saturday, Jan. 24, Department of Homeland Security (DHS) “law enforcement officers were conducting a targeted operation in Minneapolis against an illegal alien wanted for violent assault,” DHS assistant secretary Tricia McLaughlin previously told PEOPLE.

Moments later, officers fatally shot a 37-year-old man, later identified as Alex Pretti.

The DHS claimed in a statement posted on X that an individual “approached U.S. Border Patrol officers with a 9 mm semi-automatic handgun” and “violently resisted” as they attempted to disarm him. An agent then “fired defensive shots” at the suspect, the agency said.

However, footage verified by The New York Times appears to contradict the DHS’s account of the situation. Pretti is seen standing among a group of protesters with both hands visible, while holding his phone in one hand as an agent squirts pepper spray at the group.

Several agents then approached Pretti, who didn’t seem to be holding or pulling a weapon as he was pinned on the sidewalk.

The scene of where Alex Pretti was shot.Ben Hovland/Minnesota Public Radio via AP

According to the Times, Pretti’s gun appeared to have already been unholstered by an agent before he was shot in the back. He sustained at least 10 gunshots fired within five seconds.

Pretti’s family has accused President Donald Trump’s administration of creating “sickening lies” about his death in a statement shared by the Minnesota Democratic–Farmer–Labor Party.

“We are heartbroken but also very angry…The sickening lies told about our son by the administration are reprehensible and disgusting,” said Pretti’s parents, Michael and Susan. “Alex is clearly not holding a gun when attacked by Trump’s murdering and cowardly ICE thugs.”

Alex Pretti.va.gov

“He has his phone in his right hand and his empty left hand is raised above his head while trying to protect the woman ICE just pushed down all while being pepper-sprayed,” they continued, adding, “Please get the truth out about our son. He was a good man.”

Police chief Brian O’Hara confirmed that Pretti had no known criminal record at the time of his death and was a lawful gun owner.

During a press conference on Saturday, O’Hara said that there was “more than one law enforcement officer involved in the discharge” and that public video shows several officers “in a scuffle with someone.”

When asked about the DHS’ account of the incident, O’Hara said, “The video speaks for itself.”

The DHS did not immediately respond to PEOPLE’s request for further comment on Jan. 25.