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The family of Ashli Babbitt, the 35-year-old Air Force veteran who died during the Capitol riot on January 6, 2021, has filed a wrongful death lawsuit against the United States government, seeking $30 million in damages. This legal action comes amidst continuing tensions over the events of that day and subsequent investigations.
Babbitt, who had traveled from San Diego to Washington D.C. to express her support for then-President Donald Trump, was shot by Lt. Michael Byrd of the Capitol Police as she attempted to enter the Speaker's Lobby through a broken door. The lawsuit, filed in a federal court in Southern California, contradicts previous official evaluations of the incident, asserting Babbitt was unarmed and raising her hands when shot, a claim not substantiated in previous investigations.
Attorneys for the Babbitt family argue that Lt. Byrd fired without being in uniform, without proper identification as an officer, and failed to give a warning before discharging his weapon, according to the lawsuit. The Babbitt family suggests negligence on Byrd's part led to an unjustified use of deadly force. On the other hand, Capitol Police and internal investigations concluded that Byrd acted within policy, his actions possibly preventing "serious injury and possible death" of lawmakers and staff.
The case is emblematic of the polarized views on the events of January 6, where over 700 individuals have pleaded guilty to related charges, and about 1,200 have been charged. Of those, 140 police officers were assaulted, according to investigators, highlighting the violent nature of the insurrection.
The timing of the suit is significant, almost three years after the Capitol incident, indicating the enduring ramifications of that day's events on political discourse and the justice system. For months, Babbitt's mother, Micki Witthoeft, has been actively protesting outside the D.C. jail regarding the treatment of those arrested in connection with the riot.
The resolution of this lawsuit will likely attract considerable public and media attention, as it challenges the narrative of a justified response to a grave security threat established by Capitol Police. It also raises broader questions about the accountability of law enforcement during moments of crisis and procedure in use-of-force incidents.
While Capitol Police were not immediately available for comment on the new litigation, the case will likely unfold further in the public eye, contributing to ongoing debate over the January 6 events and their implications.