From the Arkansas Advocate:

After Little Rock's police chief refused to answer questions Monday about the fatal shooting of a Little Rock Airport executive in March, an Arkansas legislative committee gave its chairman the authority to issue subpoenas to facilitate review of the case.

Sen. Alan Clark, R-Lonsdale, a member of the Senate Judiciary Committee, made the request immediately after testimony from Little Rock Police Chief Heath Helton, who said prosecutor Tom Carpenter had advised him not to take a stand in the shooting because of ongoing litigation express.

“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 no matter how you can get answers.”

Mary Hennigan

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Arkansas Attorney

The committee heard approximately three hours of testimony from several 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 as the ATF attempted to serve a search warrant related to allegations that he sold firearms without a federal license.

The March 19 raid on Malinowski's West Little Rock home took place before dawn and included ATF agents, Little Rock police and others. The agents conducted what is known as a “knock and announce” break-in and quickly entered the home. Malinowski reportedly shot at the agents, who returned fire, seriously wounding Malinowski, who died two days later. A federal agent suffered non-life-threatening injuries.

It later emerged that federal agents were not wearing body cameras during the raid, a violation of agency policy.

After the shooting, state and federal lawmakers used the incident as an opportunity to criticize what they said was an out-of-control federal firearms agency that sought to restrict citizens' Second Amendment rights to bear arms.

Committee Chairman Sen. Gary Stubblefield, R-Branch, opened Monday's meeting saying that while there was nothing they could do today to bring Malinowski back, he hoped to “shed some light on what happened and what happened.” some of the questionable things that have not yet been answered by the (ATF), the Arkansas State Police or the Little Rock Police Department.”

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

Helton confirmed that city police were assigned to monitor the perimeter of the crime scene, but didn't say much else. Many lawmakers criticized Carpenter's advice to Helton.

“Do you understand why the American people and the people of Arkansas no longer trust the justice system?” Stubblefield asked. “Because of the weaponization of the justice system and the politicization of the justice system, we have become a third world country. Essentially a dictatorship.”

Stubblefield continued to express his dissatisfaction with the events of March 19, saying that when Malinowski's wife, Maer, asked local police officers how her husband was doing, “they didn't tell her that his brain was 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.

On Monday, Little Rock Mayor Frank Scott Jr. was scheduled to testify, but he was not present. The public prosecutor was also absent.

When Helton said he didn't know what was on Carpenter's schedule that wouldn't allow him to be present Monday, Rep. Howard Beaty, R-Crossett, said, “Obviously it wasn't the respect that was given to this committee and in this one.” case.” Subject, another level of respect for the Little Rock Police Department that he should show you.

Comments critical of Little Rock's leadership 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 their investigation into the officer-involved shooting and asked whether the state had the authority to convene 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 intended only to determine whether federal agents acted within the law regarding the warrant.

Mary Hennigan

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Arkansas Attorney

“The only thing our agents could see was that there was a legitimate search warrant signed by a federal prosecutor and a federal judge,” Hagar said. “They were there legally. They worked within the parameters of that warrant, although some of that may be questionable as to the amount of time that elapsed before they breached the door.”

According to the investigation, federal agents waited 27 seconds before forcing their way into Malinowski's home.

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

“I have never seen anything in my life that screams for a grand jury investigation like this incident,” Johnson said.

Hugh Finkelstein, chief of staff for the Department of Public Safety, said grand jury authority rests with Pulaski County Prosecutor Will Jones. In June, Jones found that the ATF agent who shot Malinowski used reasonable lethal force.

Sen. Terry Rice, R-Waldron, said Jones was “a person who means the difference between justice, doing the right thing and turning away from it. “I don't think the federal government is going to do anything about it.”

The shooting of Malinowski, a well-known gun collector, has drawn national attention.

Arkansas Attorney General Tim Griffin referenced Malinowski's death when he announced a lawsuit challenging a change in federal rules to close the gun show loophole, and Bud Cummins, the Malinowski family's attorney, told a subcommittee of the U.S. Senate in May US House of Representatives.

“If anyone thinks this has been swept under the rug, they are mistaken,” Cummins said after Monday’s meeting.

Cummins said many questions remain unanswered and the ongoing civil litigation will require some response from the ATF.

Mary Hennigan

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Arkansas Attorney

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

Cummins also said the insurance company denied coverage on Malinowski's life insurance policy because “the media reported that Bryan Malinowski had somehow committed a crime.”

Hagar testified Monday that Malinowski has not been charged or convicted of a crime.

Political move

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

During his testimony, Bowling said the ATF made an unnecessary “dynamic incursion” when it broke down Malinowski's door, executed the search warrant for what he called an “administrative crime” and viewed the raid as a “political purpose.” .

Bowling said the ATF created an administrative offense based on a lack of clarity about who is required to have a federal firearms license. He said the agency gave itself the authority to create licensing requirements without consulting Congress.

“A combination of errors, poor judgment, poor decisions and political decisions coming out of Washington, D.C. … violates Bryan Malinowski's Fourth Amendment rights to life,” Bowling said.