Northwest Arkansas Democrat-Gazette

A few questions

- PHILIP MARTIN

It is midday Thursday, and the news has been confirmed that Bryan Malinowski, executive director of Bill and Hillary National Airport/Adams Field, who was shot in the head early Tuesday morning by agents of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, is dead.

For you, it is Sunday, five days after Mr. Malinowski was shot.

I have heard a lot of rumors about this incident, but all I have are questions. Maybe those of you in the future can answer some of them.

Why did federal agents go to Malinowski’s door before daylight to execute a search warrant?

Could they have waited until, say, Malinowski woke up, showered, dressed and backed his car out of his garage on the way to work to execute the warrant?

Understand­ing that this was a search warrant and not an arrest warrant, could they have approached Malinowski in his office at the airport and told him they had a warrant to search his home? Could they have executed the warrant with Malinowski detained away from the premises?

Did they need Malinowski to open a safe or other secured cabinet within his home during the conduct of their search?

What were they searching for? What, if anything, was seized? Any computer equipment?

Did Malinowski have any prior contact with law enforcemen­t that may have led him to believe he was the target of a federal investigat­ion?

Did he have any contact — in person or online — with any undercover law enforcemen­t agents?

Had he been sent a so-called “target letter” alerting him he was under suspicion?

Has a grand jury been convened in this case? If so, where?

Which judge or magistrate signed off on the search of Malinowski’s residence?

Had Malinowski been interviewe­d by law enforcemen­t in connection with the investigat­ion that resulted in the raid?

Had Malinowski engaged or spoken to a lawyer as the result of any intimation that he may be under federal investigat­ion? If so, who is that attorney?

Is there any indication that Malinowski was involved in an ongoing criminal enterprise that posed a lethal threat to others? Was there reason to believe Malinowski was dangerous?

What specific crime were the ATF agents who conducted the raid in the process of investigat­ing?

Have others been targeted in the investigat­ion? Are they Arkansas residents?

Has Malinowski had significan­t contact with law enforcemen­t since 2008 when he first came to Arkansas to work at the airport?

Did Malinowski have any connection to groups federal authoritie­s have identified as potentiall­y criminal or subversive of the U.S. government?

Did the ATF have an expectatio­n that Malinowski might attempt to destroy evidence in his home?

Did they have reason to believe Malinowski might respond violently if confronted?

Was this a “no knock” warrant?

Did the agents involved loudly announce themselves as they entered the Malinowski house? Did they enter before shots were fired?

Was the ATF agent who suffered a gunshot wound in the raid inside or outside the house when shot? If he was inside, what room was he in? How near to Malinowski was he when he was shot? Are we certain he was wounded by a round from Malinowski’s weapon?

Was Malinowski shot more than once?

Did the Malinowski house have a security system? Was it activated when the agents entered? Was the house equipped with security cameras, and if so, did these cameras record the ATF raid?

Did the ATF agents record video of the raid via body cameras or other devices?

Did the security cameras of neighborin­g houses record video on the morning of the raid?

Where was Malinowski when he allegedly fired on the agents?

What weapon did Malinowski use to allegedly fire on the agents?

What was the model of the weapon, and what caliber rounds does it take?

How many rounds did Malinowski allegedly fire at agents?

Did Malinowski have more than one weapon in his possession at the time he was shot?

It has been reported that Malinowski was a collector of firearms who liked to go to gun shows. What kind of firearms did he collect? Modern? Vintage? Exotic? How large was his collection?

Did Malinowski have a federal firearms license?

Was Malinowski alone at the time of the raid? If not, who else was in the Malinowski house at the time?

Was Malinowski awake when the agents knocked — or didn’t knock — on his door?

Were the agents outfitted in bullet-proof jackets and other assault gear clearly marked with their agency’s name?

How many total shots were exchanged?

Were the ATF agents accompanie­d by Little Rock Police Department officers, or Pulaski County sheriff’s deputies, or any other state or local agencies?

Were the LRPD, Pulaski County sheriff’s office and/or any other state or local agencies aware of ATF’s plans to raid Malinowski’s home?

Does Malinowski’s status as the of the executive director of the airport have any bearing on this investigat­ion?

Has Malinowski made any unusual trips in recent weeks or months?

Were the ATF agents acting on informatio­n provided by a confidenti­al informant?

Did they believe they had to act when and how they did to protect the lives of innocent citizens?

Was the raid conducted in compliance with the spirit of Executive Order 14074?

Would we be asking any of these questions if Malinowski was not a high-profile white man living in an affluent neighborho­od?

I can think of reasonable answers for almost all these questions. But it is neither safe nor intelligen­t to presume. I can only hope we’ll soon have some answers.

Those answers might lead to more questions. Law enforcemen­t cannot be completely transparen­t about ongoing criminal investigat­ions for obvious reasons. But wild speculatio­n rushes in to fill the vacuum of facts in sensationa­l cases like this one.

All I know at this point is what has been reported. And, unless you were there, that’s all you know as well.

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