Family of Ashli Babbitt, slain during Jan. 6 riot, sues U.S. government

The family of a woman who was fatally shot by a police officer during the Jan. 6, 2021, riot at the U.S. Capitol has sued the U.S. government, alleging wrongful death, assault and negligence.

Ashli Babbitt, 35, of California, was among a mob of supporters of President Donald Trump who stormed the Capitol trying to disrupt congressional certification of President Biden’s election victory. She was fatally shot by a U.S. Capitol Police officer as she raised herself into the opening of a broken glass door panel deep inside the building. The panel had been dislodged by members of the mob who were trying to get through.

The lawsuit, which seeks $30 million, was brought by her husband Aaron Babbitt, who is executor of his wife’s estate. He and the estate are represented by lawyers for the conservative watchdog group Judicial Watch, who filed the case in a U.S. District Court in California on Friday, the eve of the anniversary of the insurrection.

“Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose,” the lawsuit says. “She was there to exercise what she believed were her God-given, American liberties and freedoms.”

The suit alleges that the officer, Lt. Michael Byrd, used excessive force.

“The only homicide on January 6 was the unlawful shooting death of Ashli Babbitt,” said Tom Fitton, Judicial Watch’s president, in a statement posted to the group’s website. “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.”

Federal prosecutors have concluded there was insufficient evidence to prove Babbitt’s civil rights were violated. Authorities have said it was reasonable for Byrd to believe he was firing in self-defense or in defense of members of Congress, their aides and others.

A probe by Capitol Police also cleared Byrd’s use of force. The department has said that the officer’s actions were within policy, which allows deadly force when an officer reasonably believes they are protecting themselves or others from serious physical harm.

Capitol Police spokespeople and a lawyer for Byrd did not immediately return requests for comment Saturday. The lawyer, Mark E. Schamel, has said in a previous statement that Byrd’s actions were “nothing short of heroic.”

“He stopped the final surge of rioters that were mere steps from members of Congress,” Schamel said. “It is not hard to imagine the impact on our democracy had these rioters been able to reach their intended targets: sitting members of Congress.”

[To plead or not to plead? That is the question for hundreds of Capitol riot defendants]

Capitol Police previously said in a news release that Byrd’s actions “potentially saved members [of Congress] and staff from serious injury and possible death from a large crowd of rioters.”

Babbitt was one of five people who authorities said died as a result of the siege, including Capitol Police officer Brian D. Sicknick, who collapsed after being assaulted by rioters and died Jan. 7.

Babbitt’s death became one of the defining moments of the riot after graphic videos of the shooting disseminated widely. Federal prosecutors, in closing the 2021 investigation that determined the shooting was justified, acknowledged “the tragic loss of life” and offered condolences to her family.

Among members of the far right, Babbitt’s death has inspired vigils, rallies, rap lyrics and social media hashtags. Many view her as a martyr.

A Kentucky man, Chad Barrett Jones, one of those smashing windows to the House Speaker’s Lobby before Babbitt began climbing through one, was convicted in July of two felonies and seven misdemeanors, including obstruction of an official proceeding and destruction of government property.

[’How are we going to defend ourselves?’ Inside the Capitol during the Jan. 6 insurrection]