The family of a 35-year-old California woman who was fatally shot by a Capitol Police officer during the Jan. 6 protest has filed a $30 million wrongful death lawsuit against the U.S. government, asserting she posed no imminent danger when fatally shot.
“Ashli posed no threat to the safety of anyone,” the lawsuit reads.
The lawsuit also argued that Capitol Police Lt. Michael Byrd was “not in uniform,” “did not identify himself as a police officer” and did not issue a warning before opening fire.
Yet, in August 2021, the Capitol Police disclosed the findings of an internal probe stating that Byrd’s actions aligned with department policies, broke no laws, and wouldn’t warrant any disciplinary measures for the shooting. The investigation highlighted that Byrd’s swift response “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,” the department said following the investigation, according to CBS News. “If the doors were breached, the rioters would have immediate access to the House chambers. The officer’s actions were consistent with the officer’s training and USCP policies and procedures.”
Babbitt, a former Air Force member, journeyed from her residence in San Diego to Washington, D.C., motivated by her deep patriotism and desire to express support for President Trump, according to the lawsuit. It highlights that her intent was not tied to any unlawful or malicious motive, nor was she part of any organized group during her visit to Washington.
The lawsuit contends Capitol Police of wrongdoing, including allegations of assault, battery, and negligent use of force, among other claims.
In March, Micki Witthoeft, Babbitt’s mother, held a meeting with then-House Speaker Kevin McCarthy at his office. Before this encounter, Witthoeft had been actively leading nightly protests related to the events of Jan. 6 outside the D.C. jail for several months.
Nearly three years have passed since the Capitol riot, and close to 1,200 individuals have faced charges in connection to the incident, with over 700 entering guilty pleas. Law enforcement investigations reported around 140 cases of police officers being assaulted during the events at the Capitol.
As part of a plea agreement reached in July 2021, the individual who live-streamed the footage of Babbitt’s shooting admitted guilt to a misdemeanor charge related to demonstrating, picketing, or parading within a Capitol building.
