The family of Ashli Babbitt, the Donald Trump supporter killed by U.S. Capitol Police during the Jan. 6, 2021, riot at the Capitol, has filed a $30 million lawsuit against the federal government.
The lawsuit claims that Babbitt, an Air Force veteran shot and killed by a U.S. Capitol Police officer, was “ambushed” by the cops, according to The Daily Wire.
The action was filed by Judicial Watch, the conservative watchdog group. Judicial Watch brought the lawsuit in behalf of Babbitt’s widower, Aaron, and her estate.
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“Ashli loved her country and wanted to show her support for President Trump’s America First policies and to see and hear the president speak live while he remained in office,” the plaintiffs say in court records, explaining why Babbitt was in Washington that day.
“Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose. She was there to exercise what she believed were her God-given American liberties and freedoms.”
The lawsuit recounts Babbitt’s final minutes as she walked through the Capitol with other protesters. At one point, a female U.S. Capitol Police officer directed Babbitt where to go.
As Babbitt crawled through a broken sidelight by a main door near an area called the Speaker’s Lobby, USCP Lt. Michael Byrd shot and killed her.
As court documents note, Byrd admitted that he shot Babbitt before he saw her hands or assessed what her intentions were.
Byrd was not in uniform, did not identify himself as a police officer or make his presence known to her, and he did not give Babbitt any warnings or commands “before shooting her dead,” the lawsuit contends.
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“Ashli posed no threat to the safety of anyone. Not one member of Congress was in the lobby, which was guarded by multiple armed police officers,” the lawsuit notes.
The lawsuit then indicates that Byrd lied, radioing to other officers that people were shooting at him, when in fact he was the only person to fire a shot that day.
“The facts speak truth. Ashli was ambushed when she was shot by Lt. Byrd. Multiple witnesses at the scene yelled, ‘you just murdered her,’” the lawsuit says.
While Byrd was never charged nor disciplined for the fatal shooting, the lawsuit makes it clear that Babbitt’s family want him held responsible.
The lawsuit identifies him as the “incident commander” for what happened that day, and as such he bore greater responsibility for the actions of the USCP.
“When Lt. Byrd shot and killed Ashli on January 6, 2021, he breached multiple, applicable standards of care governing (A) the safe use of a firearm; (B) the perception and assessment of imminent threats; (C) use of force levels and escalation/de-escalation of force; (D) the perception and assessment of relevant facts; (E) the use of warnings; (F) firing backdrops; and (G) obtaining timely, appropriate medical aid, among other breaches to be identified through discovery,” the plaintiffs say in court documents.
“Had Lt. Byrd adhered to these standards, he would not have fired, and Ashli would be alive today.”
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In a statement, Judicial Watch President Tom Fitton said, “The only homicide on January 6 was the unlawful shooting death of Ashli Babbitt. Her homicide by Lt. Byrd is a scandal beyond belief. This historic lawsuit seeks a measure of justice and government accountability for Ashli’s wrongful death.”
“Judicial Watch and our supporters are honored to represent Ashli’s steadfast widower Aaron Babbitt and her estate in this legal action. Ashli was shot in cold blood and the rule of law requires justice for her.”
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