LITTLE ROCK — Arkansas Sixth Judicial District Prosecuting Attorney Will Jones has released his office's findings regarding the use of deadly force against Bryan Malinowski. The attorney announced in a letter to Special Agent Joshua Jackson, of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), that an investigation has concluded that use of deadly force was justified and in accordance with the law.
53 year-old Malinowski was the executive director of Bill & Hillary Clinton National Airport in Little Rock. He was shot by an agent with the ATF on March 19, during the execution of a search warrant at his West Little Rock home, and died of his injuries days later.
The warrant followed a months long investigation. Malinowski was suspected of violating federal laws that prohibit unlicensed firearms sales and making false or misleading statements about the legality of such sales. According to Jones' letter to Jackson, the warrant was executed just after 6 a.m. on March 19 by ATF agents and a Task Force Officer, with the assistance of the Little Rock Police Department (LRPD).
The letter also includes a summary of witness statements that describes the events which lead up to the deadly shooting. The summary states that agents used a battering ram on the door after knocking and announcing their presence, and that agents were dressed in clearly marked "ATF POLICE" attire.
The summary then details an agent (Agent 1) entering the residence first to see Malinowski pointing a handgun at him. A second agent (Agent 2) entered and saw Agent 1 on the ground — where he had dropped to avoid gunfire, and Malinowski firing downward at Agent 1. Agent 2 was struck in the foot and then returned fire on Malinowski.
A mobile video recorder belonging to LRPD captured the events as they unfolded.
6:02:58 a.m. The Little Rock patrol officer employed his vehicle’s emergency lights and siren to announce the presence of law enforcement.