A $30 million wrongful death lawsuit has been launched against the United States government by the family of a 35-year-old California woman whose death was caused by a Capitol Police officer’s gunshot during the insurrection on January 6.
As lawmakers were getting ready to certify the 2020 election results, a crowd of dozens of supporters of then-President Donald Trump stormed the Capitol and shot and killed Ashli Babbitt on January 6, 2021, as she attempted to climb through a broken door into the Speaker’s Lobby outside the House Chamber. Cell phone footage caught the gunfire.
On the way to a hospital, Babbitt passed away. Friday, in a federal court in Southern California, Babbitt’s family filed a complaint claiming that their loved one was shot once by Capitol Police Lt. Michael Byrd while she was unarmed and with her hands in the air.
“Ashli posed no threat to the safety of anyone,” the lawsuit reads, continuing to assert that the officer “ambushed” Shields. In addition to not being in uniform, failing to identify oneself as a police officer, and failing to offer a warning before opening fire were all points raised in the case against Byrd.
Capitol Police, however, announced in August 2021 that an internal review had concluded that Byrd had followed department policy, had not broken any laws, and would not face disciplinary action for the incident. In addition, the inquiry concluded that Byrd’s deeds had “potentially saved members and staff from serious injury and possible death.”
“USCP officers had barricaded the Speaker’s Lobby with furniture before a rioter shattered the glass door. If the doors were breached, the rioters would have immediate access to the House chambers,” Capitol police said at the time. “The officer’s actions were consistent with the officer’s training and USCP policies and procedures.”
An Air Force veteran named Babbitt “loved her country and wanted to show her support” for Trump when she went from San Diego to Washington, D.C., from her home, according to the lawsuit. She further stated that she “did not go to Washington as part of a group or for any unlawful or nefarious purpose.”
Among other things, the lawsuit claims that Capitol Police were irresponsible in their use of force and committed assault and battery. Micki Witthoeft, Babbitt’s mother, visited the office of House Speaker Kevin McCarthy in March. Witthoeft has been spearheading nightly demonstrations outside the D.C. jail prior to the meeting, which took place on January 6.
Over the past three years, over 700 individuals have entered guilty pleas and another 1,200 have been charged with crimes related to the Capitol incident. At the Capitol, 140 police officers were allegedly attacked, according to authorities.
The individual who streamed Babbitt’s shooting admitted guilt in July 2021 on a misdemeanor charge of parading, demonstrating, or picketing in a Capitol building as a piece of a plea deal.
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