LITTLE ROCK, Ark. — Will Jones, prosecuting attorney for the Sixth Judicial District, has ruled that the use of deadly force during the ATF raid on Bryan Malinowski's home in Little Rock was justified, according to Arkansas law.
The announcement comes after four Arkansas Republican congressmen along with Rep. Jim Jordan (R-Ohio) requested documents from the Arkansas State Police on the raid.
Bryan Malinowski was injured during the raid on his home in the early morning hours of March 19 after reportedly shooting at ATF agents and would die around two days later. Agents along with Arkansas law enforcement were conducting a search warrant on his home in Little Rock in regards to him to illegally selling firearms without a license.
At least six of those firearms he sold were recovered in crimes across the United States, while three were bought by undercover ATF agents, according to an affidavit.
In his letter to ATF Special Agent Joshua Jackson, Jones provides a timeline of events provided by the Little Rock Police Department as well as an explanation on how his office came to the justified ruling.
Timeline of raid
- Pre-raid: ATF agents can be seen on the home's doorbell camera covering up the camera
- 6:02:58 a.m. A Little Rock patrol officer use his car's lights and siren to announce the presence of law enforcement
- 6:02:59 a.m. ATF agents began knocking on the front door
- 6:03:27 a.m. Agents use a ram to breach the door
- 6:03:43 a.m. Malinowski fires the first of four shots from his Colt Defender .45 caliber semi-automatic handgun
- 6:03:44 a.m. An ATF agent returns fire and is injured, shooting three times from his M4
- Post-raid: Arkansas State Police officials search the home and surrounding area for evidence and interview witnesses
Justified force explanation
Jones said in the press release that Arkansas law states a law enforcement officer is "justified in using deadly physical force if the officer reasonably believes that the use of force is necessary to defend himself or a third person from the use of deadly force."
Officers reportedly identified themselves by knocking on the front door and flashing the lights and sirens on a patrol vehicle before entering the home.
Officers were also wearing attire that readily identified them as either "ATF" or "POLICE" and so when the first agent was shot by Malinowski, Jones contends this gave the second agent a "reasonable belief" to use deadly force and return fire.
"Therefore, the use of deadly force by [the ATF agent] was in accordance with Arkansas and was justified," Jones said.
To read the full letter, click here.
Malinowski family attorney responds
The Malinowski family attorney, Bud Cummins, released a statement on the ruling and said a "search warrant is not supposed to necessarily be a license for a home invasion."
"A U.S. citizen was given 28 seconds before his home was forcefully invaded by armed government intruders," Cummins said. "[Bryan Malinowski] was killed in front of his wife. This is far from over."
Cummins questioned the 28 seconds between knock and breach, especially since the investigation was into a "low-level violation" with "little risk involved in the search."
"'Reasonable' time can be short in certain cases, such as those involving narcotics or other evidence that can be destroyed, or when there is a risk of someone fleeing," Cummins said. "How long is it reasonable to wait for someone to answer their front door at 6:00 a.m. in response to unexplained loud pounding in a 3000 square foot fully insulated home? Let’s pray the answer isn’t 28 seconds. The Fourth Amendment means more than that to every single one of us."
People can read Cummins' full statement here.