Well your own comment betrays you, because you can clearly see the ICE agent in the comic tackling the guy when he's not even holding anything dangerous. On top of that, the actual incident that lead to the shooting began when agents began shoving at Pretti as he was filming them. He wasn't holding his LEGALLY OWNED pistol when the agents attacked him. And they didn't just go for HIM, they went for a girl that was nearby, and Pretti's last act as a living human was to try to help her to her feet, with his last words being "are you ok".