LITTLE ROCK, Ark. — Prosecutors in the Sixth Judicial District announced that they've received the case file related to the deadly ATF shooting of 53-year-old Bryan Malinowski.
Will Jones, with the Sixth Judicial District, made the announcement on Tuesday that they were the recipient of the case file from the March 19 agent-involved shooting — they said the file and all evidence are currently under review.
This review comes a day after Arkansas State Police announced that they would be forwarding the case file related to the March 19 incident over to the Sixth Judicial District.
Arkansas State Police are only eligible to investigate the agent-involved shooting part of the incident, which is why authorities with the department compiled a case file to hand over to a prosecutor, who will determine whether the shooting was justified.
“[Authorities with Arkansas State Police] do not have the authority to address methods and tactics used or whether agency protocols and policies were followed,” said ASP Colonel Mike Hagar. “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.”
A growing number of officials are pushing for answers related to the Malinowski-ATF incident. Just yesterday, chairman for the House Judiciary Committee, Rep. Jim Jordan (R-Ohio) requested all documents and communications related to the deadly raid.
Days prior to Rep. Jordan's request, Senators Tom Cotton and John Boozman released a joint statement where they said that they were informed by the Department of Justice that the ATF agents "involved in the execution of a search warrant" at Malinowski's home did not have on body cameras.
The shooting of Bryan Malinowski happened on Durance Court in Little Rock as agents with the ATF were serving a federal search warrant at Malinowski's home.
An affidavit in the case said that Malinowski purchased at least 150 firearms within a three year span and six of those guns would be found at different crime scenes. Three more guns were purchased by undercover ATF agents.
Malinowski was accused by ATF officials of illegally reselling firearms without a dealer's license.