A conservative activist organization sued the United States government for $30 million on Friday for the wrongful murder of Ashli Babbitt, who was shot and killed by law police during the Jan. 6 attack on the United States Capitol.
Judicial Watch attorneys filed the wrongful death and assault and battery case in federal court in California on behalf of Babbitt’s estate and spouse, Aaron Babbitt. According to the lawsuit, U.S. Capitol Police Lt. Michael Byrd was negligent when he fired a single fatal shot that struck Babbitt in the shoulder as she climbed through a door leading to the House chamber. Babbitt was a supporter of Donald Trump who joined a mob that broke into the Capitol trying to halt the certification of his electoral loss.
“The facts speak for themselves. Lt. Byrd was ambushed when he shot Ashli,” they stated.
According to the complaint, Babbitt, an Air Force veteran and distinguished security forces controller, came from her home in San Diego, Calif., to Washington to attend the Save America rally on Jan. 6, when Trump gave a speech outside the White House.
“Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose,” they said, noting that Babbitt was unarmed and “posed no threat to the safety of anyone.”
According to the lawsuit, Byrd violated a number of standards of care regulating weapon safety, immediate threat assessment, and the use of force, which resulted in his arrest.
According to the lawsuit, Byrd, a career Capitol Police officer, was not in uniform, did not identify himself as a police officer, and did not give Babbitt “any warnings or commands” before shooting.
On Friday, a Capitol Police representative did not immediately reply to a request for comment.
Byrd previously told NBC News in an interview that he believes he “saved countless lives” during the melee, claiming that he screamed repeatedly for rioters to leave, but the throng persisted, and Babbitt attempted to climb through one of the doors.
Babbitt’s death has become a martyrdom among Trump supporters, with some Republicans declaring her death a murder and Trump calling her a “great patriot.”
Byrd was cleared months after the riot following an internal agency investigation that concluded his actions aligned with department policy on the use of deadly force.
