An Arkansas prosecutor has deemed the fatal shooting of Bill and Hillary Clinton National Airport Executive Director, Bryan Malinowski, by a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agent during a raid in March to be justified. Pulaski County Prosecutor Will Jones made the decision after reviewing the investigation conducted by the Arkansas State Police.

According to the affidavit released after the shooting, Malinowski, 53, had purchased over 150 guns between May 2021 and February 2024 and had allegedly resold many without a dealer's license. When ATF agents executed a warrant at his Little Rock home on March 19, shots were fired from inside the house, prompting the agents to return fire. In the ensuing exchange, Malinowski was fatally wounded.

In a letter addressed to the ATF, Jones stated that the agents had properly identified themselves with police running lights and sirens before entering the premises and announcing their presence at the front door. Jones added that the agents were equipped with shields, wore shirts labeled "ATF Police" on the right side, and had bulletproof vests with the same label on the front.

Jones further explained that during the raid, one of the agents witnessed another agent being shot at and fall to the ground. Subsequently, they saw Malinowski holding a gun. Factoring in the circumstances, Jones concluded that the shooting was justified under Arkansas law, as the agent had a reasonable belief that deadly force was necessary to defend both himself and the fallen agent.

ATF spokesperson Kristina Mastropasqua acknowledged the prompt, professional, and independent investigation carried out by the state and confirmed that the agency is now conducting an internal review.

Meanwhile, the Malinowski family has expressed dissatisfaction with the ATF's tactics during the raid, deeming them "completely unnecessary." They have also criticized the lack of transparency regarding details from the ATF. The family's attorney, Bud Cummins, emphasized that the questions surrounding the raid are far from over, especially given the 28-second wait time mentioned in Jones' letter before the agents commenced forcibly entering Malinowski's residence.

Cummins raised concerns about the constitutional implications of such a short wait time, questioning if it is reasonable to expect a response within 28 seconds when someone is awakened by unexplained loud pounding on their front door at 6:00 am. He emphasized that the Fourth Amendment holds significant importance for every individual.

The shooting of Bryan Malinowski has drawn attention from Republican lawmakers in Arkansas, who have called for more information from the ATF. In April, the chair of the U.S. House Judiciary Committee formally requested the ATF to provide documents and information regarding the raid.

As the investigation and internal review continue, it remains to be seen if further action will be taken in response to the concerns raised by the Malinowski family and lawmakers in Arkansas.