Arkansas State Police turn over findings of investigation into ATF shooting of Little Rock airport executive

LITTLE ROCK, Ark. – Officials with the Arkansas State Police said they have completed their investigation into the shooting of the former executive director of the Little Rock airport by federal agents serving a search warrant.

Just after 6 p.m. Monday ASP officials said the case file compiled by Criminal Investigation Division agents into the shooting of Bryan Malinowski will be sent to the 6th Judicial District prosecuting attorney’s office on Tuesday.

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State police said the agents were only authorized to investigate, “the agent-involved shooting portion of the incident,” which took place on March 19.

Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives attempted to serve a search warrant at the home of Malinowski just after 6 a.m. The agents reported that Malinowski fired at them from inside the home and that they returned fire, hitting Malinowski. He died two days later.

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ASP officials said it is up to the prosecutor to determine if the shooting was justified and noted that the agency would 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,” ASP Colonel Mike Hagar said in a release. “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.”

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State police added that the prosecutor will determine if or when the case file would be released.

This is the just the most recent development into the shooting. Earlier Monday, the U.S. House of Representatives Judiciary Committee sent a letter to the head of the ATF requesting information on the incident.

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Late last week, Arkansas Sens. John Boozman and Tom Cotton released a statement saying that ATF officials had told them that the agents involved in the raid were not wearing body cameras at the time the search warrant was being served.

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Family members have questioned the methods used by the ATF in this incident since just hours after the shooting, calling it “an unspeakable tragedy” that was “impossible to understand.”

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A spokesperson for the ATF released a statement to KARK 4 News Friday evening after comments by Boozman and Cotton regarding the questions about the use of body cams.

“As is standard practice, this matter is under review by state and local authorities in Arkansas,” the statement read. “The Department of Justice does not comment on pending matters.”

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