Capitol rioter Ashli Babbitt’s family plans to sue US Capitol police and the yet-to-be-named officer who fatally shot them during the January 6 riot, according to a lawyer representing the family.
Babbitt, wrapped in the campaign flag of then-President Donald Trump, was shot and killed trying to climb into the lobby of the House of Representatives through a broken window.
The 35-year-old Californian was a veteran of the wars in Afghanistan and Iraq. She traveled to DC to take part in a large pro-Trump demonstration called “Stop the Steal” on the day Joe Biden was to be officially certified as President-elect based on votes.
The officer who killed Babbitt has never been publicly identified and has not been charged with a crime upon review by the Justice Department. Attorney Terry Roberts told Zenger News he knew her name, Newsweek reported.
“It looks like this guy shot this lady for no legitimate law enforcement purpose. And you know, you should be ashamed of yourself, ”said Roberts.
“In a free country like ours, it is very strange and strange that they fail to identify the officer or even provide some details to explain why he had to kill them. You would probably expect something like this to happen in Russia,” said he.
“If she had committed a crime by going through the window into the speaker’s lobby, it would have been an abuse.” A misdemeanor crime. All a rookie cop would have done is arrest her, ”said Roberts.
“And he has many other officers who can help with the arrest.”
Roberts told Intelligence, “You had officers on Ashli’s side of the door in riot gear and with submachine guns. And on the other side of the door you have another uniformed officer six or eight feet away. Whose life he saves by telling them shoots? … She doesn’t wave a gun. She’s on the windowsill. “
Roberts said the family will seek approximately $ 12 million in damages and plans to serve the U.S. Capitol Police within 10 days. He said that he believes the officer will be held personally liable – and not protected by a qualified immunity that protects the police’s personal assets unless they manifestly violate established constitutional rights.
Babbitt was the only person shot during hours of fighting with police when thousands of Trump supporters stormed the Capitol to disrupt the certification of President Biden’s victory in the electoral college.
Footage from Babbitt’s shooting shows an officer’s arm and a gun pointed at them, but does not show the officer’s face.
Three other Trump supporters died of health emergencies when the looting pro-Trump mob destroyed and stole government property and fought with the police.
Brian Sicknick, a Capitol police officer, died after the riot. His death was originally the result of a fire extinguisher. The DC medical examiner said this month that Sicknick actually died of “natural causes” after two strokes. Two police officers and at least one rioter died of suicide after January 6th.
Trump was charged a second time for allegedly instigating the insurrection but was acquitted by the Senate when seven Republicans joined all the Democrats in finding him guilty. Trump said Wednesday that he would seek re-election in 2024 and likely announce his offer after the 2022 mid-term election in Congress.