Prosecutor says Little Rock shooting death justified – Arkansas Advocate

The federal agent who fatally shot a Little Rock airport official while executing a search warrant in March used justifiable deadly force, prosecutor Will Jones said Friday.

In the early hours of March 19, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives served Bryan Malinowski with a search warrant at his home on a cul-de-sac west of Little Rock. Malinowski shot at the officers after they entered the home, to which the officers responded by firing their own weapons. Malinowski was seriously injured and died a few days later.

The officers obtained their warrants for selling firearms without a license and illegally acquiring a firearm. According to court documents, Malinowski purchased at least 150 guns over the past three years, many of which were sold at gun shows or to private buyers. He sold at least three guns to undercover agents.

The shooting of Malinowski, who was a known weapons collector, attracted national attention. Arkansas Attorney General Tim Griffin cited his death during the announcement of a lawsuit challenging the federal change to eliminate the gun show loopholes rule, and Bud Cummins, the Malinowski family attorney, testified before a subcommittee of the United States House of Representatives in May.

Several people, including Republican members of the state legislature and Griffin himself, requested more information about Malinowski's shooting, but it was kept secret while Jones completed his review of the case.

A timeline included in Jones's Friday Report detailed the few crucial minutes of March 19 that sparked so much interest:

Jones found the ATF agent's return fire was justified because the officer who shot Malinowski saw another agent fall to the ground and saw Malinowski pointing a gun at that agent.

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“Taking into account the totality of the circumstances, Officer 2 had a reasonable belief that deadly force was necessary to defend himself and Officer 1. Therefore, Officer 2's use of deadly force was consistent with Arkansas law and was justified,” Jones wrote.

The report also notes that Malinowski and his wife were awake in their bedroom when they heard a knock on the front door. The investigation revealed that there was no interruption of electrical service at Malinowski's home as ATF agents executed the warrant, although this had previously been suggested.

Cummins did not immediately respond to a request for comment on Jones' findings.