ATF's use of force in killing Bryan Malinowski in a predawn raid of his home was 'justified,' no one will be charged, Pulaski County Prosecutor Will Jones announces
'This matter is under investigation by the U.S. Congress,' State Representative Matt Duffield said. 'I'm not convinced that prosecutor Jones has the last word in this ongoing investigation.'
© 2024 Moniteur de l'Arkansas
Jay C. Grelen, Moniteur de l'Arkansas
None of the ATF agents or Little Rock police officers involved in the killing of of Bryan Malinowski in a pre-dawn raid of his West Little Rock home will be charged, Pulaski County Prosecutor Will Jones announced Friday afternoon.
Maer Malinowski, Mr. Malinowski’s widow, learned of the prosecutor’s decision in a private meeting at his office in Little Rock.
“Mr. Jones paid Mrs. Malinowski the courtesy of providing her with a private meeting earlier today in which he advised her of his planned announcement and answered her questions,” said Bud Cummins, a former U.S. Attorney who represents Mrs. Malinowski. Mr. Cummins, who attended the 1:30 meeting with Mrs. Malinowski, testified before the House Judiciary Committee’s hearings in May on the weaponization of the federal government.
State Representative Matt Duffield (District 53, Russellville) who organized a press conference at the State Capitol in April to call for answers from the ATF, said on Friday that he is “not convinced that prosecutor Jones has the last word in this ongoing investigation.”
“This matter is under investigation by the United States Congress,” he said. State legislators have not heard from Arkansas State Police or the ATF in their demand for information.
“We want the truth,” Mr. Duffield said in April. “We want the body cam footage. His family deserves to see it. The people of Arkansas deserve to see it. We must learn what happened.”
The ATF has stonewalled the Judiciary Committee and state legislators, refusing demands for any information about the raid, conducted shortly after 6 a.m. on March 19, 2024. ATF Director Steve Dettelbach appeared before Mr. Jordan’s committee in Washington the day after Mr. Cummins appeared.
In Mr. Jones’ letter to Joshua Jackson at the ATF office in Metarie, Louisiana, he informed the Special Agent in Charge that his investigation finds that the ATF “agent’s use of deadly force was justified.”
Mr. Jones writes that before officers entered Mr. Malinowski’s home, they “identified themselves as police by initiating the lights and siren of a patrol vehicle that was parked in front of the residence and knocking and announcing their presence at the front door.
“The officers were dressed in attire that was marked with the words ‘ATF’ and ‘POLICE.’ Upon entering the threshold of the residence, Agent 2 saw Agent 1 fall to the ground and heard a gunshot. Looking to the left of the entryway, Agent 2 saw Mr. Malinowski with a gun pointed downwards at Agent 1. As Mr. Malinowski was raising the weapon towards Agent 2, Agent 2 fired his weapon.”