Arkansas senators John Boozman, Tom Cotton say ATF agents did not wear bodycams during Malinowski raid, call for full disclosure
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WASHINGTON, D.C. – Two Arkansas lawmakers in Washington, D.C. are calling for action following the death of a Little Rock airport executive after a search warrant was served on his home on March 19.
Senators Tom Cotton (R-AR) and John Boozman (R-AR) called for action after they said they discovered that the Bureau of Alcohol, Tobacco, Firearms and Explosives agents who executed the search warrant were not wearing body cameras. The senators say this is a violation of ATF and Justice Department policy.
“The Department of Justice confirmed to us last night that the ATF agents involved in the execution of a search warrant of the home of Bryan Malinowski weren’t wearing body cameras,” they said in a joint statement. “We will continue to press the Department to explain how this violation of its own policy could’ve happened and to disclose the full circumstances of this tragedy.”
The senators added that Malinowski’s family and the public have a right to a full accounting of the facts.
Malinowski was killed after a shootout with ATF agents who were serving a 6 a.m. search warrant at his Little Rock home. Malinowski, executive director of the Bill and Hillary Clinton National Airport, died of his injuries on March 21.
In the search warrant affidavit, the ATF asserted that Malinowski was selling guns without a license. The agency has not disclosed information about the March 19 incident since the event.
Attorney for the Malinowski family, Bud Cummins, stated the guns were being sold legally, using a provision in the law popularly known as the gun show loophole.
State Sen. Mark Johnson, who, along with other legislators, held a news conference Thursday asking for ATF body camera disclosure, said it is troubling to find out that agents did not wear cameras.
“It bothers me a lot,” Johnson said.
Johnson explained that law enforcement has qualified immunity, meaning they are not liable in certain circumstances, but, “if they didn’t follow the rules they shouldn’t have immunity,” Johnson said.
A spokesperson with the ATF shared a statement on Friday night.
“As is standard practice, this matter is under review by state and local authorities in Arkansas. The Department of Justice does not comment on pending matters,” the statement said.
Attorney speaks on gun show loophole explained as cause for ATF raid on home of Bryan Malinowski
Attorney General Tim Griffin posted on social media Friday afternoon, thanking Cotton and Boozman for their calling for ATF disclosure.
An Arkansas State Police spokesperson confirmed that the agency is investigating the officer-involved shooting aspect of Malinowski’s death.
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