The federal affidavit filed in support of a search warrant for the home of the executive director of Bill and Hillary Clinton National Airport/Adams Field, leading to his fatal wounding when gunfire erupted, alleged that he had bought more than 150 firearms and resold many illegally without a firearm dealer's license.
Bryan Malinowski, 53, died Thursday morning, two days after he was shot in the head by a federal Alcohol, Tobacco, Firearms and Explosives agent who was part of group serving the warrant on his west Little Rock home at around 6 a.m. Tuesday morning.
An initial ATF news release Tuesday said Malinowski opened fire on the agents as they attempted to serve the warrant. An unnamed agent was also wounded in the incident.
According to the affidavit, which was released Thursday afternoon, approximately six of the firearms Malinowski has sold were used in the commission of a crime, and three were recovered through undercover purchases by ATF agents.
In a statement released by Little Rock attorney Bud Cummins, Malinowski's family said they do "not understand the government's decision which led to a dawn raid on the private home and triggered the use of deadly force.
"Even if the allegations in the affidavit are true, they don't begin to justify what happened," the statement read. "At worst, Bryan Malinowski, a gun owner and gun enthusiast, stood accused of making private firearm sales to a person who may not have been legally entitled to purchase the guns."
According to the heavily redacted affidavit, Malinowski had been under active surveillance by ATF agents since last December when the ATF Little Rock Field Office received a tip after Canadian officials received a photo of firearms by a confidential informant.
According to the affidavit, he would buy firearms legally, filling out the purchase form saying that the weapon was for his own use. Then he would resell the newly purchased gun at gunshows without background checks.
The affidavit included a number of instances of Malinowski selling guns at gunshows -- including on Jan. 27, when ATF agents acting undercover bought guns from Malinowski at a G&S gun show in Conway, where according to the affidavit he had several tables set up with racks of pistols, AR style firearms, assorted ammunition and accessories. The affidavit said that Malinowski told the agents that because he was a private seller, no paperwork was required to complete the sales. The agents purchased two firearms and magazines each for $1,300, and Malinowski told them he would be at a gun show in Benton the following week.
The search warrant covered Malinowski's Durance Court home, his vehicle and several cell phones and electronic devices.
DEATH ANNOUNCED
Airport officials announced Malinowski's death with a statement late Thursday morning. "With a heavy heart, we announce the passing of our executive director Bryan Malinowski," said Bill Walker, chair of the Little Rock Municipal Airport Commission. "Bryan was a 16-year employee of the airport. Under his leadership, our airport has experienced significant growth and success, expanding services and offerings to our community and state."
Malinowski's older brother, Matthew Malinowski, said in an interview Wednesday that Bryan Malinowski had been shot "with a high-caliber round."
No information was released Thursday about the investigation into the shooting, which is being conducted by Arkansas State Police at the request of ATF and Little Rock Police.
"As you may know, this remains an active and ongoing ATF and (Arkansas State Police) investigation that will be submitted to the U.S. Attorney's Office," Jeffery Nowakowski, an ATF spokesperson, said in a statement.
"I don't believe [Malinowski's death changes] the investigation...," said Cindy Murphy, a spokesperson for the Arkansas State Police. She added that her department would not release any additional information on Thursday since the incident remains under investigation.
The ATF agent who was shot during the incident has been released from the hospital and returned to his family, according to Nowakowski. After being treated in a Little Rock area hospital, the wounded agent is expected to make a full recovery.
According to the Federal Law Enforcement Training Centers' website, federal rules require ATF officers to knock on the door and announce their presence and purpose before entering a home.
AIRPORT'S LEADER
Malinowski had served as executive director of the airport since 2019.
Originally from Pennsylvania, he earned a bachelor's degree in aviation management from the Florida Institute of Technology and was a certified flight instructor, according to his bio on the airport's website.
He joined the Little Rock airport in 2008 as the director of properties, planning and development after working for airports in Florida, Texas and Pennsylvania.
Malinowski went on to spend a decade as deputy executive director under then-Executive Director Ron Mathieu.
When Mathieu resigned in 2019 to take another job, Malinowski was named interim executive director.
"This is so very important to me," Malinowski said from the dais after receiving the nod, the Arkansas Democrat-Gazette reported at the time. "As an aviation professional, I do realize all the hard work by the people that surround you are what make you. I hope to do the very best we can not to miss a beat."
The Airport Commission gave Malinowski the job on a permanent basis in November 2019.
Long-term redevelopment plans made progress under Mathieu and Malinowski as officials worked to modernize the state's largest airport with tens of millions of dollars of improvements, including a renovated ticket lobby, automated baggage-handling system and concourse upgrades.
And in a coup for state and local officials, in December, the company Dassault Falcon Jet announced it would pursue a major expansion of its facilities at the airport, where unfinished jets are flown in prior to delivery. The Airport Commission simultaneously authorized a new decadeslong lease agreement with Dassault.
Malinowski's tenure also coincided with the covid-19 pandemic, when air travel plummeted for a period of time.
During meetings of the Airport Commission -- a fractious group prone to squabbling with one another over procedure -- the understated, bespectacled Malinowski remained even-handed with regard to disagreements among his seven bosses, at least in public.
His base annual salary was close to $264,000, making him the highest-paid official working for the city of Little Rock or the city's quasi-independent entities.
According to Shane Carter, director of public affairs and governmental relations at the airport, "deputy executive director Tom Clarke continues to serve as acting executive director" after Malinowski's death. "Airport operations are continuing as normal," Carter added.
After news broke of Malinowski's death, Aaron Sadler, a spokesperson for Little Rock Mayor Frank Scott Jr., wrote in an email Thursday, "Mayor Scott offers his prayers and condolences to his family and colleagues."
Information for this report was provided by Joe Flaherty and Daniel McFadin of the Arkansas Democrat-Gazette.