‘This is not over,’ said the attorney for the family of Bryan Malinowski, former executive director of the Bill and Hillary Clinton National Airport.
The use of deadly force was legal and justified in the March 19 early morning fatal shooting of Bryan Malinowski by federal agents in his West Little Rock, Arkansas, home, according to Pulaski County Prosecutor Will Jones, who said in a June 14 letter that there would be no charges in the case.
Mr. Malinowski was executive director of the Bill and Hillary Clinton National Airport in Little Rock until that morning, when a convoy of 10 law enforcement vehicles entered his upscale neighborhood and agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), holding automatic rifles in the ready position, placed tape on his video doorbell, announced their presence, and in less than one minute, broke into the home while he was sleeping. Mr. Malinowski, a gun collector, woke up, grabbed his gun, exchanged gunfire with ATF agents, and Mr. Malinowski was shot dead in front of his wife.
The ATF had obtained a warrant to search his home for guns and evidence. The agency believed that Mr. Malinowski was selling guns without a $200 Federal Firearms License and without asking buyers for the proper information. According to an affidavit of probable cause, some of the guns that he had sold were recovered during the commission of a crime, although the crimes didn’t involve the direct use of guns.
It’s unclear why the ATF didn’t contact Mr. Malinowski at his workplace or during normal waking hours.
Timeline
Mr. Jones said the incident was recorded by a Little Rock Police Department mobile video recorder and from that he shared the timeline in his letter.
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.
6:02:59 a.m.—ATF agents began a series of knocking and announcing the ATF’s presence.
6:03:27 a.m.—Agents use a ram to breach the door.
6:03:43 a.m.—Mr. Malinowski fires the first of four shots from his Colt Defender .45-caliber semi-automatic handgun.
6:03:44 a.m.—ATF agent returns fire, discharging three shots.
Mr. Jones also included a summary of the witness statements and evidence, although he didn’t identify the witnesses.
By Beth Brelje
