Criminal charges will not be filed against ATF agents involved in the fatal shooting of Bryan Malinowski.
The shooting occurred during a predawn raid at Malinowski's home in connection with an investigation into the late Clinton National Airport director's illegal firearm sales, as the Democrat Gazette reports.
The incident at issue happened on March 19 when ATF agents conducted a predawn raid at Malinowski's residence in west Little Rock when he engaged the agents by firing at them, prompting agents to return fire. Malinowski was struck in the head and succumbed to his injuries two days later at the hospital.
Jones explained that the decision to clear the agents of wrongdoing followed a thorough review of the evidence, supporting the agents' use of deadly force. “Given the totality of the circumstances, Agent 2 had a reasonable belief that deadly force was necessary to defend himself and Agent 1,” Jones stated.
Concerns have been raised about the conduct of the raid, particularly since agents were not equipped with body cameras. State police led an investigation into the shooting, although the overall conduct of the raid itself was not evaluated. The authorization for the raid was granted by a U.S. magistrate judge on March 6, permitting the search of Malinowski's home and electronic devices.
The events on March 19 began at 6:02 a.m. when a Little Rock patrol officer announced the law enforcement presence using emergency lights and a siren. ATF agents then knocked and declared their presence. Despite this, less than half a minute later, the agents breached the door with a battering ram.
Malinowski’s reaction was swift; he fired the first of four shots just 16 seconds after the breach, hitting one agent in the foot. In response, Agent 2 fired at Malinowski when he aimed his weapon at the agents, bringing the intense confrontation to a close within 46 seconds.
Attorney Bud Cummins, representing the Malinowski family, has voiced significant criticism of the raid's execution. Cummins questioned the necessity and speed of the agents' entry, arguing that a search warrant should not equate a home invasion, especially for what he deemed a low-risk investigation.
“This is far from over,” Cummins declared, noting that the swift entry was unreasonable for a 6:00 a.m. raid. Cummins emphasized that the Fourth Amendment rights of citizens were at stake if such practices continue unchecked.
Arkansas representatives, alongside Republican Rep. Jim Jordan of Ohio, have requested information from the Arkansas State Police regarding the incident. As the chairman of the House Judiciary Committee, Jordan is scrutinizing the ATF's methods and considering potential reforms.
A federal affidavit revealed that Malinowski had purchased over 150 firearms, many resold without a dealer’s license. Multiple firearms sold by Malinowski were used in crimes, and three were bought undercover by ATF agents, leading to the raid.
The incident has drawn nationwide attention and concerns over ATF's operational protocols. The House Judiciary Committee's inquiry into the raid could lead to legislative changes ensuring tighter supervision over such raids.
In closing, the fatal shooting of Bryan Malinowski has not resulted in charges against the ATF agents involved. Prosecuting Attorney Will Jones deemed the use of deadly force justified. The raid's rapid execution raised alarms about procedural appropriateness, prompting calls for federal review and potential legislative reforms.
