BRYAN MALINOWSKI Brian Chilson

The Arkansas State Police will refer its case file on the fatal shooting of former Little Rock airport director Bryan Malinowski to Pulaski County prosecutor Will Jones, the state police said Monday evening.

Malinowski, 53, was shot at his home in West Little Rock in a March 19 pre-dawn raid by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, who were attempting to serve a search warrant related to allegedly illegal firearm sales made by the airport executive. The ATF said Malinowski shot first; he died of his injuries two days later.

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Bud Cummins, an attorney representing the the Malinowski family, has said he likely thought the ATF agents were home intruders. Cummins and others, including some Republican state lawmakers, are pushing the ATF to answer questions about how the raid was conducted.

On Friday, U.S. senators John Boozman and Tom Cotton said the Justice Department told them that the agents weren’t wearing body cameras, as is typically required by agency policy. And on Monday, U.S. House Judiciary Committee chair Jim Jordan (R-Ohio) sent a letter to the director of the ATF demanding answers about the raid.

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An affidavit unsealed March 21 said Malinowski was dealing in firearms without a license and had purchased at least 150 guns over the past three years, many of which he sold at gun shows or to private buyers in other settings.

The state police often investigates following an officer-involved shooting. A statement from the state police said the scope of its review was limited to “the agent-involved shooting portion of the incident,” rather than methods or tactics used by the ATF.

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Here’s the full statement:

The case file on the March 19 officer-involved shooting of Bryan Malinowski will be forwarded by Arkansas State Police’s Criminal Investigation Division (CID) to the 6th Judicial District prosecuting attorney’s office on Tuesday, April 23, 2024.

The shooting occurred at 4 Durance Court, Little Rock, while the Bureau of Alcohol, Tobacco, Firearms and Explosives was serving a federal search warrant. Malinowski, 53, was transported to a local hospital, where he died on March 21, 2024.

ASP is authorized to investigate only the agent-involved shooting portion of the incident. CID has compiled a case file that will be handed over to the prosecutor, who will determine whether the shooting was justified. As with all such investigations, ASP will not give any form of recommendation to the prosecutor.

“We do not have the authority to address methods and tactics used or whether agency protocols and policies were followed,” said ASP Colonel Mike Hagar. “Any administrative oversight of tactics would fall to that agency’s – in this case, the U.S. Department of Justice – internal review and is not part of the scope of what ASP is authorized to review.”

The prosecutor will determine whether and when to release the case file.