(Ken Silva, Headline USA) The non-profit group Judicial Watch has sued the U.S. government on behalf of the widower of Ashli Babbitt, the Jan. 6 protestor who was fatally shot by a Capitol Police officer on Jan. 6, 2021.
Babbitt, a 14-year Air Force veteran, was shot and killed by Lt. Michael Byrd while crawling through a window in the Capitol building during the Jan. 6 protests.
Byrd has claimed that he acted with “the utmost courage” and “saved countless lives.”
However, earlier records obtained by Judicial Watch found that other officers at the scene did not see a weapon in Babbitt’s hands prior to the shooting and that they did not hear Byrd issue any verbal commands prior to the shooting. Lt. Byrd later confessed that he shot Ashli before seeing her hands or assessing her intentions or even identifying her as female.
Judicial Watch and Babbitt’s widower, Aaron Babbitt, cited those facts and others in their lawsuit.
“Ashli was unarmed. Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby. Ashli posed no threat to the safety of anyone. Not one member of Congress was in the lobby, which was guarded by multiple armed police officers,” the lawsuit said.
“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,” the lawsuit said.
“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.”
Along with recounting Babbitt’s death, the lawsuit also detailed Lt. Byrd’s checkered background.
Already known is an incident in which Byrd left his service weapon in the Capitol Visitors Center bathroom. The loaded Glock was discovered during a routine security sweep later the same day.
Judicial Watch also revealed an incident where Byrd shot at a carful of juveniles while he was off duty.
“Lt. Byrd’s police powers also were revoked for a prior off-duty shooting into a stolen, moving vehicle in which the occupants were teenagers or juveniles,” the lawsuit said.
“The stolen vehicle was Lt. Byrd’s car. Lt. Byrd fired multiple shots at the fleeing vehicle in a suburban area. Stray bullets from Lt. Byrd’s firearm struck the sides of homes nearby. An official investigation found that Lt. Byrd’s use of force was not justified.”
Babbitt’s widower seeks $30 million in damages over the wrongful death.
The lawsuit was filed in the U.S. District of Southern California.
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
