Arkansas committee approves subpoena power to learn more about airport executive’s death

Sen. Alan Clark, R-Lonsdale, questions state and local law enforcement agencies about their involvement in the deadly raid of airport executive Bryan Malinowski on March 19. Photographed during a Senate Judiciary Committee meeting on Sept. 30, 2024. (Mary Hennigan/Arkansas Advocate)

After Little Rock's police chief declined to answer questions Monday about the fatal shooting of a Little Rock airport executive in March, an Arkansas legislative committee granted its chair the power to issue subpoenas to help its review of the case.

Sen. Alan Clark, R-Lonsdale, a member of the Senate Judiciary Committee, made the motion immediately following testimony from Little Rock Police Chief Heath Helton, who said City Attorney Tom Carpenter advised him not to comment on the shooting due to ongoing litigation.

"Certainly the people of Arkansas expect us to ask questions," Clark said. "And not only do they expect us to ask questions, they expect us to get answers — and you get answers however you can get answers."

The committee heard testimony for about three hours from a number of current and former law enforcement officials regarding the death of Bryan Malinowski. Malinowski, 53, was shot in the head by a Bureau of Alcohol, Tobacco, Firearms and Explosives agent while the ATF attempted to serve a search warrant related to allegations he was selling firearms without a federal license.

The March 19 raid on Malinowski's West Little Rock home occurred before daylight and involved ATF agents, Little Rock police and others. Agents conducted what's called a "knock and announce" entry and quickly breached the house. Malinowski reportedly shot at the agents and they returned fire, severely injuring Malinowski, who died two days later. A federal agent sustained non-life threatening injuries.

It was later revealed that the federal agents were not wearing body cameras during the raid, which was a violation of the agency's policy.

After the shooting, state and federal lawmakers turned the incident into a chance to criticize an allegedly out-of-control federal firearms agency seeking to curtail citizens' Second Amendment right to bear arms.

Opening the meeting Monday, committee chair Sen. Gary Stubblefield, R-Branch, said that while nothing can be done today to bring back Malinowski, he hoped to "shed some light on what happened and some of the questionable things that have not been answered by the [ATF], the Arkansas State Police or the Little Rock Police Department."

As chair, Stubblefield will have the authority to determine what information is subpoenaed, though his selections must be approved by Senate Pro Tempore Bart Hester, Clark said.

Helton confirmed the city's police force was tapped to monitor the perimeter of the scene, but he didn't say much else. Many lawmakers criticized Carpenter's advice to Helton.

"You understand why the American people and the people of Arkansas do not trust the justice system anymore?" Stubblefield asked. "Because of the weaponization of the justice system and the politicalization of the justice system, we have become a third world country. A dictatorship, basically."

Stubblefield continued to express dissatisfaction about the events that unfolded on March 19, and said that when Malinowski's wife, Maer, asked local police officers how her husband was doing, "they failed to tell her that his brains were scattered and his skull fragments were all over the wall in the house."

Maer Malinowski was present at Monday's meeting and often became emotional as lawmakers recounted details of the raid.

Little Rock Mayor Frank Scott Jr. was on the agenda to testify Monday, but he was not present. The city attorney was also absent.

When Helton said he didn't know what was on Carpenter's schedule that didn't allow him to be present Monday, Rep. Howard Beaty, R-Crossett, said, "obviously it was not the respect afforded to this committee, and in this subject matter, nor a level of respect for the Little Rock Police Department that he should afford you."

Comments criticizing Little Rock leadership's received applause from those attending the public meeting, which Stubblefield quickly silenced.

State police investigation

Lawmakers also questioned Arkansas State Police leadership about the results of its investigation of the officer-involved shooting, and asked if the state has the authority to call for a grand jury.

Col. Mike Hagar, secretary of the state Department of Public Safety and director of the state police, said the agency's investigation was only meant to determine if the federal agents were acting within the law regarding the warrant.

"The only thing that our agents could look at was that there was a lawful search warrant signed by a federal prosecutor and federal judge," Hagar said. "They were there lawfully. They were working within the parameters of that warrant, although some of that may be questionable as far as the amount of time that was given before they breached the door."

According to the investigation, federal agents waited 27 seconds before they forced entry into Malinowski's house.

Sen. Mark Johnson, R-Little Rock, who is not a member of the Senate Judiciary Committee but was allowed to join the meeting, asked if the state had authority to call a grand jury to hear the case.

"I've never seen anything in my life that cried out for a grand jury investigation like this incident," Johnson said.

Hugh Finkelstein, chief of staff for the Department of Public Safety, said the grand jury power rested with Pulaski County Prosecuting Attorney Will Jones. In June, Jones found that the ATF agent who shot Malinowski used justifiable deadly force

Sen. Terry Rice, R-Waldron, said Jones was "one person who is the difference between justice, doing what's right, and turning your back on them. I don't think you're going to see the federal government do anything about it."

The shooting of Malinowski, who was a known gun collector, has gained national attention

Arkansas Attorney General Tim Griffin cited Malinowski's death when announcing a lawsuit challenging a federal rule change to close the gun show loophole, and Bud Cummins, the Malinowski family attorney, testified in front of a U.S. House subcommittee in May.

"If anybody thought this had been swept under the rug, they're wrong," Cummins said after Monday's meeting.

Cummins said a lot of questions remain unanswered, and ongoing civil litigation will require the ATF to respond in some capacity.

"It's frustrating that they haven't already been forced to give these answers to the public, Arkansans who are concerned about this Arkansan being murdered in his own home by the federal government," said Cummins, a former federal prosecutor.

Cummins also said the insurance company has denied coverage of Malinowski's life insurance policy because "the media has reported that Bryan Malinowski was somehow committing a crime."

Hagar testified Monday that Malinowski was not charged with or convicted of any crimes.

Political move

At least an hour of Monday's meeting was devoted to testimony from Mark Bowling, a former assistant special agent with the Little Rock FBI field office. Bowling, who arrived with Cummins, said he was testifying as someone who had relevant experience and understanding.

Throughout his testimony, Bowling said the ATF engaged in an unnecessary "dynamic entry" when they broke down Malinowski's door, executed the search warrant on what he called an "administrative crime" and considered the raid to be conducted for "political purposes."

Bowling said the ATF created an administrative crime based on an ambiguity about who is required to have a federal firearms license. He said the agency gave itself the authority to create requirements for the license without going through Congress.

"A combination of errors, bad judgment, bad decisions and political decisions that come from Washington D.C. ... violated Bryan Malinowski's Fourth Amendment rights to life," Bowling said.