The brutal ATF murder of Bryan Malinowski proves that paperwork errors aren’t just inconvenient. They can be deadly.
Malinowski’s ordeal started when ATF agents issued search warrants for paperwork violations, which should have been resolved peacefully during daytime office hours in a perfect world. However, ATF officers conducted a heavily armed raid at Malinowski’s home in the early hours of the morning, tragically resulting in his death from a gunshot wound to the head.
A video shows that at 6:02 a.m., a patrol officer activated his vehicle’s emergency lights and siren to alert their presence as law enforcement. ATF agents outside Mr. Malinowski’s door began knocking at that moment and announced themselves.
Only twenty-eight seconds after knocking, agents used a ram to break down the door. According to Malinowski’s wife, Maer, in an interview with The New York Times, after the couple heard loud noises near their bedroom door that morning, Malinowski instructed his wife to stay back and retrieved a gun from a drawer before walking into the hallway. She said Maer followed him, and they saw figures in the darkness.
The first agent who entered the house looked left and saw Mr. Malinowski at the end of the hallway, pointing a handgun at him. The agent quickly dropped to the ground and rolled to avoid potential gunfire.
The second agent to enter saw Mr. Malinowski shooting downward at the first agent. At that moment, Agent 2 was hit in the foot by gunfire. When Mr. Malinowski aimed his gun toward the second agent, the agent fired back, hitting Mr. Malinowski. Immediately after the shooting, officers called for emergency help and began providing medical assistance to Mr. Malinowski.
In just under a minute, the ordeal was over, and a citizen lay dead in his own home.
Will Jones, 6th Judicial District Prosecuting Attorney, exonerated the agent in the death of Malinowski. He wrote a letter to the ATF stating that after examining the documents, statements, and evidence presented, it was determined that the agent’s use of deadly force was justified.
Attorney Bud Cummins, speaking for the Malinowski family, acknowledged Jones’ decision but indicated the family’s intent to continue pursuing justice despite the prosecutor’s ruling. His concerns are many, from the use of a raid for alleged paperwork violations to the time-lapse of fewer than 30 seconds, at 6 in the morning, between when the agents announced their presence and when they broke down the 3000 square foot home’s front door.
According to the federal affidavit filed to obtain the search warrant for Malinowski’s residence, he was accused of purchasing over 150 firearms and illegally reselling many without a proper dealer’s license.
The affidavit, heavily redacted, stated that six of the firearms sold by Malinowski were reportedly used in criminal activities, and three were retrieved through undercover transactions conducted by ATF agents.
The federal affidavit revealed that ATF agents had been actively monitoring Malinowski since December, prompted by a tip to their Little Rock office from Canadian authorities who received a photo of firearms from a confidential source.
According to the affidavit, Malinowski legally purchased firearms, indicating on the forms that they were for personal use. However, he allegedly resold these guns without conducting required background checks at gun shows.
The document detailed several instances of Malinowski selling firearms at gun shows, including an incident on January 27 where undercover ATF agents purchased guns from him at a show in Conway. He allegedly informed the agents that, as a private seller, he did not need to complete paperwork for the sales.
The use of “deadly force” can’t be argued. There is no doubt that Malinowski thought he was defending his home from armed intruders and fired shots at the agents.
Agents who escalated a private citizen’s paperwork errors into a raid at dawn. Agents who refrained from arresting him during the sting operation and could have obtained their search warrant as part of that arrest. There was no indication that Malinowski was violent, and as the executive director of the Bill and Hillary Clinton National Airport in Arkansas, he was hardly a flight risk.
According to his friends, he considered selling guns a hobby and genuinely believed that, as a private seller, he was following federal laws. While Malinowski did break the law, he didn’t deserve to lose his life at 6 am during a raid on his home over paperwork issues.
A simple registered letter would have sufficed.