A conservative activist group has filed a wrongful death lawsuit against the federal government over the shooting death of Air Force veteran Ashli Babbitt inside the U.S. Capitol during the pro-Trump attack on Jan. 6, 2021.
Judicial Watch’s lawsuit, on behalf of the family of Babbitt, includes claims against the government for wrongful death, assault and battery and other negligence issues.
Babbitt was 35 when she traveled from her home in San Diego to Washington to attend the Save America rally on Jan. 6. She walked to the Capitol and entered, walking around until she found herself among demonstrators who were trying to force their way into the barricaded Speaker’s Lobby. There, she was shot and killed by then-Capitol Police Lt. Michael Byrd, who fired a single shot.
The lawsuit, filed in the U.S. District Court Southern District of California, seeks $30 million, plus costs and interest and any other relief Babbitt’s family is entitled to.
It argues that due to previous incidents involving Mr. Byrd, the Capitol Police and its board, along with Congress, “knew or should have known that Lt. Byrd was prone to behave in dangerous or otherwise incompetent manner.”
In February 2019, Mr. Byrd left his loaded gun in a bathroom in the Capitol Visitor Center complex. It was found later that day through a routine security sweep. He had also had his police powers taken away more than once for not completing semi-annual firearms qualification requirements, according to the organization.
In another instance, Mr. Byrd’s powers were revoked for shooting into his moving car as it was being stolen by teenagers. Stray bullets hit the sides of homes in the immediate area, and an investigation into the event determined that his use of force was not justified.
“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 President Tom Fitton said. “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.”
Mr. Byrd was not charged with any wrongdoing in the shooting. The Justice Department closed an investigation in April 2021 by concluding that charges were not warranted.
• Mallory Wilson can be reached at mwilson@washingtontimes.com.
Please read our comment policy before commenting.