By Steve Neavling
An ATF agent who shot the executive director of Little Rock’s airport during an early morning raid in March will not be charged because the shooting was justified, an Arkansas prosecutor said Friday.
The shooting of Bryan Malinowski, who was executive director of the Bill and Hillary Clinton National Airport, prompted a congressional hearing in which Republicans accused the ATF of using overly aggressive tactics.
But Will Jones, a state prosecutor, said the agent used justifiable deadly force, the Arkansas Advocate reports.
In a pre-dawn raid on March 19, Malinowski shot at ATF agents after they broke down his door to serve a warrant. The 53-year-old was killed just inches from his wife.
The family’s attorney said agents shot Malinowski just 57 seconds after covering his door camera with tape.
According to Jones, Malinowski pointed a gun at one agent, who “dropped to the ground and rolled to avoid potential gunfire.” A second agent was shot in the foot before he fired back at Malinowski.
In a statement, Jones said, “given the totality of the circumstances,” the second agent “had a reasonable belief that deadly force was necessary to defend himself” and the other agent on the ground.
Malinowski was accused of illegally selling firearms. In recent years, he had purchased more than 100 guns, indicating on forms that the firearms were for himself, according to the affidavit. He then sold many of the firearms at gun shows “without asking for identification or paperwork.”
At one point, he sold guns to undercover agents, according to the affidavit.
