ATF Agent Received’t Be Charged in Loss of life of Arkansas Airport Government in Raid

The federal agent who fatally shot the chief director of Little Rock’s airport throughout an early morning raid in March was justified in his use of pressure, an Arkansas prosecutor stated on Friday, ruling out any fees.

Brokers with the Bureau of Alcohol, Tobacco, Firearms and Explosives had executed a search warrant on the house of the director, Bryan Malinowski, 53, on suspicion that he had repeatedly offered weapons with out a license.

After brokers entered the home, which sits on quiet cul-de-sac in Little Rock, Mr. Malinowski fired at them, taking pictures one agent within the foot, the authorities stated. One other agent returned fireplace, taking pictures Mr. Malinowski within the head. Two days later, Mr. Malinowski died in a hospital.

His demise was met with outrage from his household, buddies and gun-rights supporters in Arkansas and past, who believed that the raid on March 19 was ill-conceived and a case of presidency overreach. The raid additionally surprised residents and lawmakers throughout the state who questioned how a revered official may have been the goal of an early morning raid.

The A.T.F. stated shortly after the raid that it had been investigating Mr. Malinowski for months after suspecting that he had been promoting a lot of firearms at gun reveals with out a license, generally quickly after he purchased them. The company additionally discovered that Mr. Malinowski had bought greater than 150 weapons from 2021 to February 2024, together with multiples of the identical fashions; an A.T.F. affidavit didn’t specify precisely what number of of these he had offered.

A number of weapons traced to Mr. Malinowski had been recovered from crime scenes, in keeping with the affidavit.

The native prosecutor for the Sixth Judicial District, Will Jones, stated in a statement that video recorded by the Little Rock Police Division, which assisted within the raid, had revealed new particulars about what occurred that morning.

In keeping with Mr. Jones, who didn’t instantly reply to requests for remark, the video confirmed that at 6:02 a.m., a patrol officer turned on his automobile’s emergency lights and siren “to announce the presence of regulation enforcement.” At the moment, A.T.F. brokers standing outdoors Mr. Malinowski’s door “started a sequence of knocking” and introduced their presence, Mr. Jones stated, citing the recording.

Twenty-eight seconds after knocking, brokers used a ram to breach the door, he stated.

Mr. Malinowski’s spouse, Maer, informed The New York Occasions in an interview that the couple had heard loud noises outdoors their bed room door that morning. Mr. Malinowski informed his spouse to “keep again,” and reached right into a drawer for a gun, she stated, earlier than strolling out into the hallway. She walked behind him, they usually noticed figures within the darkness, Ms. Malinowski stated.

The prosecutor’s workplace stated the brokers had been wearing khaki pants and dark-colored shirts that had the A.T.F. defend printed on one facet, and “A.T.F. police” on the opposite. In addition they wore bulletproof vests emblazoned with the company’s initials.

About 16 seconds after the brokers breached the door, Mr. Malinowski pointed his gun at one agent. That agent “dropped to the bottom and rolled to keep away from potential gunfire,” the prosecutor’s workplace stated.

On the similar time, a second agent entered the home. Mr. Malinowski raised his gun towards that agent and shot him within the foot earlier than the agent fired again, hanging Mr. Malinowski, in keeping with the prosecutor’s workplace.

The names of the brokers weren’t launched. Mr. Jones stated within the assertion that “given the totality of the circumstances,” the second agent “had an inexpensive perception that lethal pressure was essential to defend himself” and the opposite agent on the bottom.

Bud Cummins, a lawyer for Mr. Malinowski’s household, stated in an announcement that the brand new particulars from the prosecutor’s workplace raised a query: “How lengthy is it cheap to attend for somebody to reply their entrance door at 6 a.m. in response to unexplained loud pounding in a 3,000 sq. foot, totally insulated house?”

“Let’s pray the reply isn’t 28 seconds,” he stated, including: “That is removed from over.”

Mr. Malinowski had served as the chief director of the Invoice and Hillary Clinton Nationwide Airport since 2019. His buddies say that he considered promoting weapons as a interest, and that he sincerely believed that as a non-public vendor, he was in compliance with federal regulation.