Alex Pretti was bashed in the head and pepper sprayed in the face before he was shot. He appeared dazed [View all]

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...and extremely disoriented in the clip, right before he was shot.

I seriously doubt he had complete control of his mental and physical faculties after he was hit on the head, repeatedly, at full force with what appears to be the butt of an agent's revolver (also reported as a cannister).

He looked like he was barely able to keep himself upright on his knees before he was shot- certainly no danger to anyone since it also appeared they had disarmed him of his holstered gun before they shot him, firing some 11 shots, killing him.