The family of Ashli Babbitt, who was shot and killed by police during the riot at the U.S. Capitol on January 6th, has filed a $30 million wrongful death action in Southern California.
Babbitt, a 35-year-old Air Force veteran and Trump supporter, was assassinated at point-blank range by Capitol Police Officer Lt. Michael Byrd while trying to climb through a window near the House Chamber. Byrd admitted not seeing a weapon on Babbitt before discharging his firearm. The legal action introduces disconcerting facts relating to the shooting, alleging Babbitt’s hands were in plain sight and visibly empty when she was killed:
Ashli could not have seen Lt. Byrd, who was positioned far to Ashli’s left and on the opposite side of the doors, near an opening to the Retiring Room, a distance of approximately 15 feet and an angle of approximately 160 degrees. Sgt. Timothy Lively, one of the armed officers guarding the lobby doors from the hallway, later told officials investigating the shooting, ‘I saw him . . . there was no way that woman would’ve seen that.’ Lt. Byrd, who was not in uniform, did not identify himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd did not give Ashli any warnings or commands before shooting her dead.
The complaint also alleges that Officer Byrd gave a false “shots fired” report following his shooting Babbitt:
At 2:45 p.m., or within one minute after shooting Ashli, Lt. Byrd made the following radio call: ‘405B. We got shots fired in the lobby. We got shots fired in the lobby of the House chamber. Shots are being fired at us and we’re sh, uhh, prepared to fire back at them. We have guns drawn. Please don’t leave that end. Don’t leave that end.’ Approximately 35 seconds later, Lt. Byrd made another radio call, stating, ‘405B. We got an injured person. I believe that person was shot.’ In fact, no shots were fired at Lt. Byrd or his fellow officers. The only shot fired was the single shot Lt. Byrd fired at Ashli. He heard the loud noise of the gunshot. He saw her fall backwards from the window frame.
You can read the entire filing here.