Investigation Finds Use of Force Justified During March Raid
Pulaski County Prosecutor Will Jones has concluded that an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) acted lawfully in the fatal shooting of Little Rock airport director Bryan Malinowski during a raid in March 2024.
Review of State Police Investigation Leads to No Charges
Jones made this announcement in a letter sent to the ATF following a review of the Arkansas State Police investigation into the shooting. Malinowski died from his wounds days after the March 19th raid on his residence.
ATF Account Cites Self-Defense
The ATF maintains that its agents returned fire after Malinowski opened fire on them, injuring one agent. An affidavit released after the incident revealed that Malinowski had purchased a significant number of firearms in recent years and may have been reselling them without a proper dealer’s license.
Prosecutor Details Sequence of Events
In his letter, Jones outlines the events leading up to the shooting. He states that the ATF agents properly identified themselves with flashing lights and sirens before entering the Malinowski residence and announcing their presence. Jones then describes how, during the raid, one agent witnessed another fall and heard gunfire. Upon seeing Malinowski holding a gun, the remaining agent returned fire.
Justification Based on Reasonable Belief of Threat
Jones determined that, “given all the circumstances,” the second agent reasonably believed that deadly force was necessary to defend himself and the injured agent. This justification aligns with Arkansas law, according to the prosecutor’s findings.
ATF and Family Offer Differing Perspectives
The ATF has commended the Arkansas State Police investigation, calling it “prompt, professional, and independent.” The agency will now conduct its own internal review of the incident.
