Federal prosecutors will not charge a police officer who shot and killed Ashli Babbitt as she climbed through the broken part of a door du...
Federal prosecutors will not charge a police officer who shot and killed Ashli Babbitt as she climbed through the broken part of a door during the insurrection at the US Capitol on January 6.
Authorities had considered for months whether criminal charges were appropriate for the Capitol Police officer who fatally shot Babbitt, a 35-year-old Air Force veteran from San Diego. The Justice Department's decision, though expected, officially closes out the investigation.
Babbitt was among a large mob of Donald Trump supporters who stormed the Capitol in a failed bid to stop Congress from certifying President Joe Biden's election victory.
That came shortly after the former president rallied his supporters and urged them to fight to stop the certification of Biden's win.
Prosecutors said they had reviewed video of the shooting, along with statements from the officer involved and other officers and witnesses, examined physical evidence from the scene and reviewed the autopsy results.
'Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution,' the department said in a statement.
Video clips posted online depict Babbitt, wearing a stars and stripes backpack, stepping up and beginning to go through the waist-high opening of an area of the Capitol known as the Speaker's Lobby when a gunshot is heard.
She falls backward. Another video shows other unidentified people attempting to lift Babbitt up. She can be seen slumping back to the ground.
Prosecutors said Babbitt was part of the mob that was trying to get into the House as Capitol Police officers were evacuating members of Congress from the chamber.
Video clips posted online depict Babbitt (pictured top right climbing through a broken door), wearing a stars and stripes backpack, stepping up and beginning to go through the waist-high opening of an area of the Capitol known as the Speaker's Lobby when a gunshot is heard
The officers used furniture to try to barricade the glass doors separating the hallway from the Speaker's Lobby in a bid to stave off the rioters, who kept trying to break through those doors, smashing the glass with flagpoles, helmets and other objects.
At the same time, Babbitt tried climbing through one of the doors where the glass was broken out.
While in the Speaker's Lobby, the Capitol Police officer, who was not been identified, fired a single round from his service weapon, striking Babbitt in the shoulder, prosecutors said.
She fell to the ground before a police tactical team rushed into the area and gave first aid. Babbitt was later pronounced dead at a hospital.
Babbitt is one of five people who died in or outside the Capitol on January 6, including a police officer. Three other people died of medical emergencies.
The Justice Department does not bring criminal charges in most police shootings it investigates in part because of the high burden for prosecution.
Criminal charges were not expected in this case because videos of the shooting show Babbitt encroaching into a prohibited space, and second-guessing the actions of an officer during the violent and chaotic day would have been a challenge.
'Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,' prosecutors said.
While in the Speaker's Lobby, the Capitol Police officer, who was not been identified, fired a single round from his service weapon, striking Babbitt in the shoulder, prosecutors said
Officers were later seen tending to the bleeding woman on the floor of the Capitol building before she was taken to hospital where she succumbed to her injuries later that day
Prosecutors have filed charges so far against more than 400 defendants in the Capitol riots (pictured), with some facing allegations they conspired to storm the building in advance
The statement continued: 'Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter.'
Prosecutors have filed charges so far against more than 400 defendants in the Capitol riots, with some facing allegations they conspired to storm the building in advance.
A law enforcement internal probe of the deadly attack on the Capitol has also found significant shortcomings within the police department charged with securing the complex.
The US Capitol Police inspector general, in two reports submitted to Congress last month, focused on 'deficiencies' within the police department's unit that handles civil disturbances, along with poor coordination and training within its intelligence operations.
Summaries of the two reports were reviewed by Reuters on Wednesday.
The House of Representatives Administration Committee is scheduled to hold a public hearing on Thursday with Capitol Police Inspector General Michael Bolton testifying.
It took hours for police, battling the rioters, to restore order to the Capitol. The inspector general found the department's Civil Disturbance Unit was operating that day 'at a decreased level of readiness'.
It also said the department had to do a better job of ensuring that weapons and ammunition, as well as riot shields, are properly maintained and supplied to officers.
In early March, a task force headed by retired US Army Lieutenant General Russel Honoré made similar recommendations and called for the creation of a quick-reaction force in Washington to deploy to similar disturbances.
The New York Times reported on Tuesday that Capitol Police officers were instructed by their leaders to refrain from using their most aggressive tactics to stop the rioters.
On January 26, Democratic Representative Tim Ryan said law enforcement was ordered not to use lethal force.
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