Ashli Babbitt's family files $30 million lawsuit over Jan. 6 shooting death

[BumRushDaShow]

Source: CBS News

January 5, 2024 / 9:05 PM EST


The family of a 35-year-old California woman who was fatally shot by a Capitol Police officer during the Jan. 6 insurrection has filed a $30 million wrongful death lawsuit against the U.S. government.

Ashli Babbitt was shot and killed Jan. 6, 2021, while she tried to climb through a broken door into the Speaker's Lobby outside the House Chamber, as a mob of dozens of supporters of then-President Donald Trump stormed the Capitol while lawmakers were preparing to certify the results of the 2020 election. The shooting was captured on cell phone video. Babbitt later died at a hospital.

In the lawsuit, which was filed Friday in federal court in Southern California, Babbitt's family claimed that she was unarmed and had her hands in the air when she was shot once by Capitol Police Lt. Michael Byrd.

"Ashli posed no threat to the safety of anyone," the lawsuit states, going on to claim that she was "ambushed" by the officer. The lawsuit also argued that Byrd was "not in uniform," "did not identify himself as a police officer" and did not issue a warning before opening fire.

Read more: https://www.cbsnews.com/news/ashli-babbitt-january-6-capitol-shooting-wrongful-death-lawsuit/

[elleng]

1. They got some bad legal advice, all of them looking to make lots of $$$

over the death of the daughter.

[FakeNoose]

55. The rioters were told to disperse, they didn't ... Ashli was trespassing and breaking the law

Why should our government "owe" her family any compensation?
If this were a Black family, it would never have gotten this far.

[brush]

2. I dunno about her not posing a threat. She tried to get thru a broken window...

Last edited Sat Jan 6, 2024, 12:15 PM - Edit history (2)

next to the door to the Speaker's suite and let in the mob of insurrectionists trying to get in and seize Speaker Pelosi.

Some cajones they've got to bring this suit as the video of her committing crime/insurrection will be shown in any legal proceedings.

[SlimJimmy]

16. Bottom line, she was unarmed. She should have never been shot.

You might disagree, but that's clearly how I see it.

[Playingmantis]

22. Have you seen the video?

She was part of a mob ..the first one..jumping through the glass that seperated the mob from the legislators...
Just because she was not armed doesnt mean anything.
If i were in charge that day she would not have been the only one shot
Thats how I see it..

[dpibel]

107. What an interesting observation

But your position all along has been quite silly.

But I wonder why you think the conclusion would be different "If this was BLM in a riot."

Do you honestly think that, if a BLM person (and I think we all know what word you want to use) broke a window that was standing between a mob and a group of people who were protected by armed law officers and launched him or herself through the window we'd all say, "No prob, dude."

Because...ummm...why? It would be a profoundly foolish action for any person armed or unarmed.

I think you are a very silly person.

[RoeVWade]

109. If I remember correctly

The officers inside had heard previous reports of guns in the crowd, yelling and screaming of officers down over the their radio.. They had people at the door who they didn't know from Adam many of them yelling also. And certainly, they could hear a lot of commotion outside that door. It only takes one dangerous person on the other side with a weapon. Not two, just one.

Now they had someone coming in, after experiencing all that.

And I don't know if they had heard reports of "hang mike pence" reported over the radio.

And they didn't have the perspective of today, even if many in the crowd intended no harm.
'

[brush]

23. Everyone has an opinion, among other things.

She was in the act of committing insurrection and a crime. She chose her own fate by trying to open the door to let the mob in.

Just as elections have consequences, as we all saw on J6, 2021, so does crime have consequences.

[Lochloosa]

28. My Step brother was on the other side of that door.

She got what she deserved.

[SlimJimmy]

98. No she didn't. And you know that.

It's easy to write this sort of thing on the internet. Real life, and real police work is quite different.

[dchill]

105. Yep.

"It's easy to write this sort of thing on the internet. Real life, and real police work is quite different."

The officer did his duty. Those people were warned, and you know they weren't there to shake hands. Don't you?

[Lochloosa]

125. That was the last door protecting my brother. Exactly what "real police" work is required?

It's called the last line of defense. If they had let her through that door it would have distracted several officers from continuing to protect that defense. Screw her, she took an oath to protect the Constitution. Fuck her..

[Charging Triceratops]

138. A lot more of them ...

should have gotten what she got. Others should be hanging from sour apple trees today. Traitors all.

[JohnSJ]

33. and how were they to know that she was unharmed. It was such a "friendly crowd". They were prepared to stop the

certification. Capital police were harmed and killed outside. They meant to do harm.

Sorry, but it is delusional to think that they weren't prepared to kill and injure elected representatives. IT WAS AN INSURRECTION GOING ON. They were going through the halls of Congress yelling threats to representatives.

How many police officers would have to be killed before it was determined they didn't really mean to do any harm.

[Midnight Writer]

49. She had a backpack and was screaming incoherently. They could not allow her to advance further.

She could have weapons or even explosives in that backpack.

The officers were tasked with protecting Congress. I don't see that they had much choice. If she breached their position and had guns or explosives, many more could have died.

If you present yourself as a threat, don't be shocked when you are treated as a threat.

The person her family should sue is the person that convinced her to go to The Capitol and fight like hell.

[ArkansasDemocrat1]

70. She could have been a suicide bomber

[SlimJimmy]

103. And they could have used less than lethal force to stop her.

Bean bag bullets, tasers. They chose not to and go directly with deadly force.

[Lochloosa]

144. They are armed with handguns.

Serious question. Why are you so hell-bent on defending her and denigrating what the cops did?

She was a veteran that swore to uphold the Constitution of the US. That oath does not end when you retire or leave service.

You tell me exactly what she did to warrant any sympathy. I have none.

[GreenWave]

147. Exactly and she was told by officers present not to go through that window.

Her loyalty was to the male cowards egging her on, thinking she would not get shot. She is a woman.

[MyOwnPeace]

151. THEY needed to know this!

[b']If you present yourself as a threat, don't be shocked when you are treated as a threat.'

The officer was doing his job.

[Voltaire2]

34. I don't know what you saw

But the videos I saw showed a chaotic and dangerous scene. A mob attempting to break through the doors behind which were members of congress being protected by armed guards. Babbit was the first through the breached door. Her getting shot ended the assault. She FAFO. Her 'hands were up' as she was attempting to get through the door so she could land safely, not because she was trying to surrender.

But whatever.

[tazkcmo]

36. On the other end of the spectrum

I would have mobilized an infantry battalion to snuff them all out.

[Traildogbob]

67. 🤜🤛

Not very liberal of us, but damnit I am with you. And immediately put the instigators in prison awaiting constitutionally approved consequences. Not sitting here 12 months from another J6 2.0 being instigated with weapons this time, from those very same planners. Opening demanding the cult to their killing.
We were violently attacked. With weapons and plans to bring them out, and would not hesitate to kill members of Congress, security or any body THEY deemed their enemy.
Fuck the high road. My oath of service was not just a poem.Nor should it be for our people being paid to uphold the security of our nation.
She Fucked Around and knew what the oath is. She Shit on her own swearing of that oath for that DICKtator asshole.

[ArkansasDemocrat1]

71. Brazil didn't FAFO with their insurrectionists

The leader is banned til the next decade and thousands of them have been arrested.

She was formerly in the military, she broke her Oath. Hell with her.

[Traildogbob]

72. Absolutely

[Frances]

43. If you had been the police officer facing a mob shouting Hang Mike Pence

and the only thing between lonely you and that mob, no way would you have acted the same way you would in a one on one situation
I think the person who shot the woman should counter sue the woman’s estate for slander

[SlimJimmy]

97. I think I was a police officer for 38 years.

I was never trained to shoot an unarmed person ... ever.

[atreides1]

152. Interesting

And how were you able to determine when a person was unarmed?

[Frances]

158. How were you trained to treat an unarmed person

Breaking into an unauthorized space so she could let in a mob with many armed members bent on destruction as well as threatening death to those inside

[PortTack]

44. She was told repeatedly not to come in thru the window. It was unknown to the person that shot her

Whether she had a weapon hidden to say nothing of those behind her. Self protection as well as protection of those they were charged to protect

If you are coming at a police officer and told to stop…repeatedly not knowing the intent or of possible hidden weapons that officer has every right to shoot.

[SlimJimmy]

104. Again, for clarity, less than lethal force would have worked just as well.

[kacekwl]

135. I don't think

Law enforcement officers walk around with bean bag or rubber bullets handy. I was shocked that they showed so much restraint as they did.

[PortTack]

145. Not necessarily...some of the other officers lost their lives trying to use less than deadly force!

Like the one officer that was clubbed over the head with a fire extinguisher and paid with his life! She or the angry mob behind her shouting kill Nancy Pelosi and hang Mike pence were out for blood and could have just as easily done the same thing.

We’re you there?…seriously. These ppl are trained professionals, not killers. I’m sure he took no pleasure in shooting her. She was acting as a terrorist hell bent on continuing the already significant destruction and possibly more injuries or deaths including his own.

The U.S. Attorney’s Office for the District of Columbia’s Public Corruption and Civil Rights Section and the Civil Rights Division, with the Metropolitan Police Department’s Internal Affairs Division (IAD), conducted a thorough investigation of Ms. Babbitt’s shooting. Officials examined video footage posted on social media, statements from the officer involved and other officers and witnesses to the events, physical evidence from the scene of the shooting, and the results of an autopsy. Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution. Officials from IAD informed a representative of Ms. Babbitt’s family today of this determination.

The investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242. 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.

More at the link

https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt

[Orrex]

155. She was a member of an insurrectionist mob violently storming the capitol

At that point the intention to commit violence has already been declared.

I'm sorry that she died a terrorist, but maybe next time around she'll think twice before throwing in with insurrectionists.

[JenniferJuniper]

51. They all should have been shot.

[PortTack]

65. Agree!

[SlimJimmy]

96. Yes, let's just shoot all the BLM rioters while we're at it as well.

Did you even read what you wrote before you hit send?

[kacekwl]

136. What does

BLM have to do with this ?

[JenniferJuniper]

150. BLM didn't try to overthrow the US government

You sound a little like a Freeper....

[Orrex]

156. I've been seeing that false equivalence from a lot of Reichwingers on FB lately

Interesting to see the comparison made here as well.

[KPN]

61. The shot was the only thing that kept the crowd from breaking through the door with a clear intent

to attack elected Congressmen/women. Without that shot, things would have been far worse.

[SlimJimmy]

95. How do you know their intent?

Once again, for clarity. Shooting an unarmed person is not an acceptable response. Shooting to "wound" is a myth and not how police are trained.

[dpibel]

110. "Hang Mike Pence"

That could be a clue. You know about those, cuz you're a former policeman.

BTW, for all that training you professional policemans get, you all sure do seem to shoot a lot of unarmed people.

Ashli Babbit is hardly alone. She is remarkable for one aspect.

But, seriously, she was on the attack. And your pretending otherwise really at this point is purely for the purpose of getting responses.

[SlimJimmy]

124. Read with me.

Less than deadly force was available to the officer. He chose not to use it. A direct contradiction of standard continuum of force training. I see a lot of "Well she deserves it," in these responses. And I have to be honest, it saddens me to see that folks here can be so callous.

[KPN]

157. Have you watched the video? What, they were just

excited to see and meet Cingressmen?

[TexasBushwhacker]

73. How would he know she was unarmed

His gun was clearly visible. She was trying to go into a restricted area. He fired once, hitting her in the shoulder. If he intended to kill her, he would have aimed for her head.

She was found to be carrying a Para Force folding knife.

[SlimJimmy]

94. If he was trained properly, he would have aimed for center mass.

Again, if he didn't see a weapon, he is to resume there is none.

[dpibel]

111. "Decedent made a furtive motion toward his waistband"

Does that ring any bells with you, officer?

[Mysterian]

78. She was the point man of a violent, raging mob

Justified use of deadly force by any reasonable standard.

[SlimJimmy]

93. No, not by police standards. I don't care where you heard it.

[Mysterian]

130. There's already been an investigation by law enforcement

which concluded it was a justified use of deadly force. Please try to keep up.

[Kaleva]

88. Do you think the family should be suing Trump?

[SlimJimmy]

92. No, that's not going to bring her back.

[Kaleva]

149. So the family shouldn't sue at all?

[nwduke]

24. Do you understand the concept of

Last edited Sun Jan 7, 2024, 10:36 AM - Edit history (1)

Audio/Video?

[brush]

25. Meaning what? Be clear.

[nwduke]

133. There's audio video

Of her violently breaking through the window!

[rzemanfl]

79. Audi has videos on TV all the time....

Darn keys are right next to each other.

[nwduke]

132. Fixed it!

[jimfields33]

26. She had no gun

The best course was to let her get in and arrest her. No need to kill her.

[Gore1FL]

29. They ultimately had to retreat from the chambers

If she lead the crowd through the window, a lot more people, including elected officials, staffers, and security would have likely died in the ensuing onslaught.

Jan 6, 2021 was an armed terror attack. That only one person got shot is a miracle.

[brush]

30. That's fantasy land reasoning. See post 27.

[JohnSJ]

32. In addition, how were they to know they were unarmed? Most ridiculous nonesense I have heard. Capital police

were killed and assaulted, threats against representatives were yelled through the halls of Congress. They meant to do harm to representatives to prevent the certification of the election.

It was an insurrection mob.

[Voltaire2]

35. seriously? there was a large group right behind her.

This was a safe room for the members of congress in there, they had no place else to retreat. You don't let the mob through your last defense if you can stop them.

[Deep State Witch]

47. If the cop would have done that

He probably would have been killed or seriously injured by the rest of the mob.

[yardwork]

52. Nobody knew whether she was armed or not.

If you attack Congress, police will shoot.

Honestly, the insurrectionists are fortunate that many more weren't shot and killed that day.

[niyad]

56. She did not have a gun visible in her hands at that moment.

I am curious as to what you think the Capitol police should have done? Open the doors for that raging mob? Escort them to the members of Congress? Surrendered themselves to the mob? Please, enlighten us about what they should have done, what you would have done, had you been one of the outnumbered Capitol police.

[jimfields33]

63. I explained that.

It’s interesting that not seeing a weapon is now grounds for shooting. That’s going to be interesting for our future law enforcement. They probably are relieved.

[niyad]

64. Wow. way to avoid the questions. But, nice try.

[ArkansasDemocrat1]

84. They should have opened the doors and let them in one at a time while patting them down

"Ok, you can riot and you can riot and Oh, go right ahead sir oh wait, you'll have to leave the AR-15 here. I know, I know (placating palm gesture) Just come pick it up when you're done. Be sure to remember the entrance number and show your id. Now hurry up, your friends are way over there already. Oh look, someone swiped the Andrew Jackson portrait!" --- Capitol Police

[Timewas]

66. Lets see how that could go

While to oficers(plural) were busy arresting this calm reasonable person what would be stopping the rest of the crowd from piling through that window???

[Aussie105]

81. Certainly! Let's sit down and talk about this like sensible people!

. . . said no armed law officer ever to the front person of a raging mob bent on doing people harm.

One shot that stopped the surge of bodies.

Entirely warranted. Self defense, protecting those behind him. Doing his job.

She was gambling that he wouldn't shoot. She lost that bet.

[jimfields33]

82. Oh great. Now they can do that when a group goes

to Walmart or other store and breaks a window. Talk about getting ugly.

[marble falls]

85. This was not vandalism, Jim. This was not simple property damage ...

Last edited Mon Jan 8, 2024, 10:16 AM - Edit history (1)

They were hunting down elected officials and gov't police in an area closed down to them

https://en.wikipedia.org/wiki/Killing_of_Ashli_Babbitt#Personal_life_and_viewpoints_of_Ashli_Babbitt

Babbitt, wearing a Trump flag as a cape, was among several dozen rioters who approached the doors to the Speaker's Lobby, adjacent to the House chambers.[5][55] Three uniformed officers were posted outside the Lobby where they were threatened by the crowd. One member of the mob yelled, "Fuck the Blue" (blue being a reference to the police). One officer guarding the doors told the others "They're ready to roll", and the three officers moved away from the barricaded doors leading to the Speaker's Lobby.[5] No longer impeded by police, one rioter, Zachary Jordan Alam, smashed a glass window beside the doors.[12][56] On the other side of those doors, many lawmakers and staff were being evacuated by Capitol Police,[8] but some were trapped in the House balcony.[57]

After "he's got a gun" was yelled several times when Lieutenant Michael Byrd aimed his weapon,[58] Babbitt, hoisted by two men,[18] began to climb through the shattered window. She was then shot in the left shoulder[9] by Lieutenant Byrd[10][8] and fell back among the other protesters.[18] Babbitt had been warned not to proceed through the window: one witness recalled that "A number of police and Secret Service were saying 'Get back! Get down! Get out of the way!'; [Babbitt] didn't heed the call."[59]

Many rioters immediately began to leave the scene, making room for a Capitol Police emergency response team to get in and administer aid, and Babbitt was transported to Washington Hospital Center where she later died. She was 35 years old.[8] Some media reports described Babbitt as "unarmed" at the time of the shooting;[60][61] according to a January 11, 2021 crime scene examination report by the D.C. Department of Forensic Sciences, the police "recovered a 'Para Force' folding knife in Ms. Babbitt's pants pocket" after she was shot.[62][63][64][65][66]

She got what she deserved. She wasn't shot obeying officers, including Secret Service, and retreating.

[Hong Kong Cavalier]

141. Thank you for that

It was a completely barricaded doorway they decided to smash through. I can't believe anyone's suggesting they just 'let her in' and then 'arrest her'.

She was a traitor and an insurrectionist, and she went there with intention to harm or kill members of congress as part of an ugly mob of traitors.

She got exactly what she deserved.

[marble falls]

153. I just hate it when RW talking points accidently make it into discussions on DU.

[marble falls]

154. And how were several hundred police supposed to arrest 6,000 other "tourists"?

[C_U_L8R]

3. Looks like a fund raising scam

Cause there's no way they're winning anything in court.

[msongs]

5. ta da! nt

[William Seger]

11. I really think she'd have better luck suing Trump

Ashlie Babbitt is dead because she believed Trump's lies.

[LetMyPeopleVote]

4. These idiots could not find a real attorney to bring this case and so they are using Judicial Watch assholes

Judicial Watch is not bringing this case because it has any merit but as a political statement

[imavoter]

6. She ought to sue Trump,

but mom is maga.

It's awful losing a daughter. I'm sure it's very hard for her mother.

We've all seen the video however. If the plaintiff's attorney is saying she wasn't a threat,
I don't think that's going to get very far. I'm not a big fan of police shootings, but all the defense
has to do is show the footage and have the officer testify. Seems pretty easy to beat,
especially if filed in Southern California - just a guess.
It's not like there was a riot or anything *sarcasm*

Any lawyers want to weigh in?

I'm sure her mother is grieving, but this won't fix it.

[ZonkerHarris]

7. That terrorist got shot while attacking Congress.

[keithbvadu2]

8. By her own statement, right wing heroine Ashli Babbit was WOKE!

By her own statement, right wing heroine Ashli Babbit was WOKE!

Link to tweet

[JustABozoOnThisBus]

13. At least in the Capitol, she didn't take anyone with her.

Driving while enraged blogging is a dangerous way to commute. A menace is off the road.

[The Grand Illuminist]

15. She was mentally stable.

Because she knew what she was doing. That made her an evil person and an enemy hash mark on the plane.

[skydive forever]

68. Wow

After seeing that video, I have even less sympathy for her. SMDH

[TeamProg]

9. "GET OVER IT!" - former guy. nt

[pfitz59]

10. The court should toss it

with prejudice. She got what she was asking for.

[SlimJimmy]

17. You think that shooting an unarmed person is a good thing?

I don't condone it for any person of color, and I won't condone it here.

[niyad]

58. Perhaps you could help us by answering the questions in post 56.

[yardwork]

59. A good thing? Nothing about this was a good thing.

I think that officer did his job.

[pfitz59]

118. She was not unarmed

She had a killer knife. Did you not read the previous posts? She was trying to kill Congress people and or Mike Pence. Did you not see the videos? DU has rules about questioning folks' motives. Just curious why you are defending her?

[SlimJimmy]

121. Snitch then? Good to know.

[AZLD4Candidate]

12. MAGAt family of MAGAt loon doing what MAGAts do best. . .blame others for their crap and then attempt a grift

[ProudMNDemocrat]

14. As I watched this play out on TV...

I watched a woman climb over a man to propel herself towards the door with the broken glass. it was evident her purpose was to do harm to those inside. Brave members of the Capitol Police force guarding the inside of the House Chamber, reacted in the manner of their training.

Later I saw an injured woman on a stretcher being wheeled out and hearing Katy Tur saying with shock, "A woman is bleeding from her neck."

Ashli Babbit may have been a Military Veteran. But by being present at the Capitol the day she was shot and killed, told me she made the decision to be there, VIOLATE her oath to the Constitution she swore to uphold, and thus partook in an insurrection against that very Country and Government she once served.

That her family is trying to profit off her death is as disgusting as the man who invited this whole damn insurrection in the first place. Their anger should be directed at that man for poisoning their daughter. But they too are part of that cult and that is indeed sad.

[SlimJimmy]

18. I've read all the replies. Are we saying that the officer didn't have any less than lethal options?

That is how police are trained, less lethal to lethal, but only as a last resort.

[ChazInAz]

21. A horde of raving loons battering down the door,

Baying for blood, strikes me as being a pretty "lethal" event.
At the 1968 Democratic convention in Chicago, I had the crap beaten out of me by rioting cops...so I'm not a Thin Blue Line fan, but I'd say this action was justified.

[JohnSJ]

40. You are absolutely right. They were out to kill some representatives and stop the certification of the election.

I guess from some people's perspective they should have waited until a few representatives were killed or injured before using lethal force.

It was clear what the intent of that mob was, and it was to take over the government by any means possible, including killing and injuring people.

These are the same degenerate mindset from those who plotted in Michigan to kidnap the governor

[LiberalFighter]

76. It sure seems that way.

The Capitol Police impeded the insurrectionists as best as possible without using violent methods. There were many opportunities for the insurrectionists to leave. They did not. The Capitol Police and members of Congress, staff members were trapped. Allowing one person to enter would result in the others making their way thru.

Also, the insurrectionists did not have the right on that day to be on Capitol property or inside. They were using force.

[SlimJimmy]

108. Have you ever seen what bean bag bullets can do? Very effective at stopping people in a less than lethal manner.

[Voltaire2]

115. The guards had pistols, not riot gear.

That is a ridiculous argument.

[pfitz59]

119. I agree with you

a certain poster in this thread seems oblivious to the reality of Jan 6th.

[SlimJimmy]

120. The gear is available to them at a moments notice. That's why they have it.

So you prefer going directly to lethal force then? Good to know.

[Voltaire2]

127. This is a joke, right?

Any way have fun.

[MaryMagdaline]

128. Has it been established that this officer had access to bean bag bullets?

Or, being assigned to the interior of the building, was he provided with legal weapon only?

[Voltaire2]

143. no it is utter bullshit

the poster was just making up idiotic arguments to see how long it would continue.

[brush]

27. That's fantasy land reasoning. That officer's duty was to protect the Speaker and her staff...

from a mob of insurrectionists. Babbit, who by the way was a veteran who took an oath to uphold the US Constitution, violated her oath and chose to be part of the mob of insurrectionists.

Your posts have no merit. She was an insurrectionist and was committing a crime to further an insurrection against her own country.

End of story.

[SlimJimmy]

106. After 38 years in law enfoecement, I can tell you with certaintly, that bean bag bullets

and tasers are very effective less than lethal options. What doesn't have merit is your insistence that there is no such thing as a continuum of the use of force in law enforcement. feel free to look it up. You'll find that use of deadly force is dead last on that list.

[brush]

113. The officer's duty was to protect the Speaker, not some insurrectionist comitting a crime...

by trying to open the door to the Speaker's lobby to a mob of other insurrectionists trying to seize the Speaker.

He did his duty and did it well as the mob's attack on the office soon dispersed as the female insurrectionist, an Air Force verteran btw, who was violating her oath to the Constitution by participating in the J6 insurrection, was stopped and taken away by stretcher.

End of story.

[SlimJimmy]

123. Never the end to the story.

The use of less than deadly force was always available. Why wasn't it used first?

[Voltaire2]

129. Well as you claim to be a former leo

You know that us police forces are trained to control the situation and neutralize any threat, not to minimize the use of force. And because of qualified immunity they can use lethal force to neutralize a threat if the believe they are in danger. That danger does not have to be manifested.

[Gore1FL]

31. Re-watch the videos. nt

[Voltaire2]

37. Yes. Shooting her was to best option to shut down the mob storming the chamber.

And it worked.

[JohnSJ]

41. Good point. It stoopped the mob from storming the chamber cold.

[yardwork]

57. Because they were cowards. They were not trained military, as they pretended.

This was not 1776. They were not freedom fighters answering a legitimate call. And as much as some of them liked to dress up and play with guns on their little militia maneuvers, in fact they were a bunch of posers who ran and cried as soon as one of them got hurt.

And they're still crying and playing victim. They're a bunch of stupid babies.

[SlimJimmy]

100. God almighty, you are so wrong.

Shooting her was the very last option on the table, not the first.

[Phoenix61]

112. You're funny. Enjoy the laughs. nt

[Voltaire2]

116. You're very close.

Their only option to stop the mob forcing its way into the room was to use force against the front of the assault. The only weapons they had were their guns. They used them.

[SlimJimmy]

122. No asps, or expandable Pr24s, or standard batons then? I see.

Clearly, they had to go directly to deadly force. That's what all police are trained to do, correct?

[Voltaire2]

140. You clearly did not watch the videos.

Or you are just making shit up. These were not riot gear equipped police, they were in suits and were guarding the people in the room. They had zero clubs, zero riot weapons, and were positioned behind a table set on its side as a defense against gunfire.

[bottomofthehill]

142. I totally agree with you it was a last resort

Each department has a mission. The use of force is similar but not always the same depending on the roll of the department. Ms Babbitt was in the aggressor stage. She had fought her way into the building, to its second floor, to a barricades inner sanctum where there were members of congress were trapped, she was the tip of the spear trying to lead armed people into the safe haven, she was given verbal command to stop, she continued, there may, and I will use may have been enough officers to engage in physical contact with her, but clearly not enough to stop the rest of the armed crowd.

Adding to that, there were confirmed pipe bombs being worked by hazardous disposal teams, calls of shots fired and no, the capitol police at that point did not have tasers but the crowd did. The department did not issue nor train in the use of them until After 1/6 , and they do not store nor did they have access to less than lethal rounds as the USCP does not store weapons on the floor of the house, it’s the house chamber used for debating legislation, not an armory for the storage of weapons.

Ms Babbitt loss of life is tragic, but Lt Byrd was investigated by multiple agencies. He took a protective action that led to the loss of a life and he now has to live with that.
It is also tragic that today is three years since USCP officer Brian Sicknick died. His life was taken by the mob that attacked the capitol. He was involved in hand to hand combat on the west front and was attacked with chemical munitions that the insurrectionist brought to their peaceful protest

[tazkcmo]

42. I'm saying

Police handle riots. Militaries handle national defense. This was an attack on our nation. They, the attackers are damn lucky she was the only one.

[yardwork]

54. IMO the officer did what he was trained to do - protect Congress.

If you attack Congress, police will shoot. Nobody knew whether she or others were armed. In fact, many of the mob were armed with various weapons and were attacking officers. Nobody could predict what would happen once that mob got into that room. Did they have bombs or guns in those backpacks? Some of the mob tried to kill another officer in a doorway.

The officer did exactly what he had to do.

[pfitz59]

117. The Capital was under attack

The officer did his job. 'Less Lethal' is a pipe dream in that situation. His action halted the mob and allowed the remaining members of Congress to escape. The officer was a hero. The rioter the criminal.

[sinkingfeeling]

19. I wish I coukd serve on this jury.

[Mr. Mustard 2023]

20. Republicons Have Some Nerve

[Don Spikers]

38. It's sad she died over Trumps lies. Trump should be the one sued.

I felt sadness that Trumps lies caused so much carnage and death that day. Not just her.
1. I have all the video on my pc from that area. I won't post it. You can find it.

2. Video of the shooting is on the internet if you look for it. I have many views of it from postings online. I don't see why they would file a lawsuit other than for politics and money. Bad legal advice to drag this out.

3. I can tell not many people have seen the videos of the shooting and the first-aid given by police and a gurney trip to the ambulance.
4.
5. It was breaking and entering at the capital. There were no permits for “Stop the Steal” in the capital area due to the congress in session.

6. A person that was not pursuing there own personal form or method of justice would have left the capital. It was out of control. Crowds fighting police, vandalism, breaking windows and doors, beating and tasering cops bear spraying cops, hitting cops with what ever they could find, great amount of violence Fire Extinguishers flags a latter poles were used. An angry mob chanting hang Mike Pence, Where's Nancy, Fuck the Blue. Acts of Insurrection all around. The police knew there were gallows outside. What is a cop to do when they enter the chamber while congress is still seen in the windows.

7. Men were beating out the windows to the chamber where you could see the congress looking at the crowd outside the doors. You can also see furniture piled up against the doors. One man was punching and breaking the windows just missing a cops head each time the through the punch. You could see the officer flinch. The officers did not respond back as they were so out numbered. Lots of shouting. People told her to get down many times “He has a gun”. You hear the shot and see her fall back from the widow unto the crowd.
8. That shot stopped the rest from entering the chamber. I Think more would have been shot if they tried to enter the area where the congress was still present. I feel if they had gotten in they would have done to congressmen what they did to the police. Used broke chair legs or what ever to injure congress.

9. Some knowing and some not, It seems they were starting a war that is still on simmer because the same man is still pushing this country into another one this year in November. I hope the SCOTUS does what it needs to do, but even then what will happen.

[yardwork]

50. Welcome to DU. Thank you for sharing what you saw.

[niyad]

60. Welcome to our DU family.

[ArkansasDemocrat1]

75. 500,000 of us died because of Trump's lies

[J_William_Ryan]

39. As likely has already been correctly noted,

The family should be suing the one person truly responsible: Trump.

[Deep State Witch]

45. If She Hadn't Been Breaking the Law

She never would have been shot. It's not like she was a black man trying to walk home, jog, or go to the convenience store to buy a bottle of iced tea.

[raging moderate]

146. You are right! Can somebody show pictures of the protesters shot years ago at Kent State? and Jackson State?

Bunches of people were killed (about 4 in each place) while participating in pre-announced protest marches OUTSIDE of university buildings. Those protesters were MUCH more peaceful and less threatening than this MAGA mob smashing its way into our US Capitol in order to PREVENT A LAWFUL CONSTITUTIONALLY MANDATED PROCESS from happening. And I will NEVER FORGET the horror that one of the people killed by the police at Jackson State University HAD NOTHING TO DO WITH THE PROTEST, but was a young Black NEW FATHER A BLOCK AWAY, ON HIS WAY HOME FROM WORK to his new baby and his postpartum wife!

[no_hypocrisy]

46. Nope. She assumed the risk of harm

and/or death.

[doc03]

48. All I have to say is GET OVER IT! nt

[Bayard]

53. FAFO

These cool-headed, brave men were the last line of defense between a raging mob and members of Congress. They did their jobs.

Lordy--there's tapes!

[Mortos]

62. The Capitol Police Should Have Used Deadly Force Against More of Those Violent Dipshits

If they had opened fire when they first breached the capitol, the insurrection would have ended much sooner. They were within their rights to use deadly force, often and repeatedly and, in my opinion, showed way too much restraint and took way too much abuse from these morons.

Ashely Babbitt said she was prepared to die to keep Donald Trump in power. She got part of her wish. She died, he lost.

[Cartoonist]

69. Good luck finding 12 magats for the jury.

[LiberalFighter]

74. Who is advising the family? Trump attorney Alina Habba?

[LiberalFighter]

77. Why was it filed in Southern California? It happened in Washington DC.

[riversedge]

89. yes, I believe the trials are susposed to take place where crime committed, even if she

was of California. I am sure the Government will raise this issue. Time will tell.

[LiberalFighter]

90. I personally wouldn't label it a crime. More like an incident.

And keep pushing it that way whenever it is in the news. Drive down and down.

[texasfiddler]

80. Ashli was a domestic terrorist. No different from ISIS. Thank goodness our government was properly defended.

Her family can pound sand!!!!

[Aussie105]

83. Only one shot fired.

I watched the whole chaotic thing play out as it was happening.

Only one shot fired!

At a different place and a different time, there would have been many more.

[LetMyPeopleVote]

86. I saw that attorneys from Judicial Watch are representing the plaintiffs

I guess that no normal attorney would take this case. Judicial Watch is pursing this case for purely political purposes.

[Chainfire]

87. The cop was just, "standing his ground." Isn't that what the right demands?

[Yo_Mama_Been_Loggin]

91. So much for the party of personal responsibility.

[kevinore]

99. She betrayed the country and her oath of office

She was taking part in an insurrection, the crowd was violent, there had been injuries, they were trying to break through a door, and she decided to climb through a broken window. He had communications with the rest of the cops, so he had to hear about what was going on. I think he concluded she was not there to hug the officer. Moreover, if she had gotten to the door--her obvious objective--the crowd would have come through it and probably killed the guy.

Her actions were the actions of a traitor, not a patriot. She put herself in danger in an attempt to overthrow the country and paid an unfortunate price.

[kevinore]

101. She betrayed the country and her oath of office

She was taking part in an insurrection, the crowd was violent, there had been injuries, they were trying to break through a door, and she decided to climb through a broken window. He had communications with the rest of the cops, so he had to hear about what was going on. I think he concluded she was not there to hug the officer. Moreover, if she had gotten to the door--her obvious objective--the crowd would have come through it and probably killed the guy.

Her actions were the actions of a traitor, not a patriot. She put herself in danger in an attempt to overthrow the country.

[pansypoo53219]

114. only question to ask, if she was BLM, publikkans would be screaming jan 6 forever.

more dead rioters.

[SKKY]

126. I saw a meme yesterday about Ashlii Babbitt that read...

"Congratulations to Ashlii Babbitt on 3 years of sobriety." I don't love this about myself, but I laughed. More than I should have if I'm being honest.

[Zambero]

131. By then the mob had attacked and bludgeoned dozens of Capitol Police

and members of Congress were sheltering in place just beyond the door that was being breached. Whether or not the perpetrators had firearms in their possession or not, their intent to harm was clear, and they had the means and numbers to do so.

[Chainfire]

134. The woman was involved in a felonious assault on the Congress of the U.S.

The cop was carrying out his duty to protect the occupants. How can the right scream about "standing their ground" and then damn a cop for doing exactly that? I am sorry that the woman was killed, but she made her own bed; actions have consequences. She wanted to be a hero and became a martyr instead. Now her family wants a payday...whats new?

[Mike Nelson]

137. I am...

... sorry she was shot and killed. I'm aware she was a rabid Trump insurrectionist, but I'm sad for all who suffered death and injury connected to this horrific crime. However, the fault is with Ms. Babbitt and her companions. I hope there is no money awarded to one who was responsible.

[Firestorm49]

139. Live by the sword, die by the sword. She knew better but didn't give a damn. Oh well. There's no way they will win.

[LetMyPeopleVote]

148. This lawsuit is a political stunt being pushed by Judicial Watch

The investigations have shown that this shooting was justified and the only lawyers who would take the case are political hacks from Judicial Watch. Tom Fitton is the non-lawyer idiot who told TFG that he could keep the Mar-a-Lago documents.

Link to tweet

https://www.washingtonpost.com/dc-md-va/2024/01/06/ashli-babbitt-wrongful-death-lawsuit/

The lawsuit, which seeks $30 million, was brought by her husband Aaron Babbitt, who is executor of his wife’s estate. He and the estate are represented by lawyers for the conservative watchdog group Judicial Watch, who filed the case in a U.S. District Court in California on Friday, the eve of the anniversary of the insurrection.....

“The only homicide on January 6 was the unlawful shooting death of Ashli Babbitt,” said Tom Fitton, Judicial Watch’s president, in a statement posted to the group’s website. “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.”

Federal prosecutors have concluded there was insufficient evidence to prove Babbitt’s civil rights were violated. Authorities have said it was reasonable for Byrd to believe he was firing in self-defense or in defense of members of Congress, their aides and others.

A probe by Capitol Police also cleared Byrd’s use of force. The department has said that the officer’s actions were within policy, which allows deadly force when an officer reasonably believes they are protecting themselves or others from serious physical harm.

[ificandream]

159. Simple answers here.

She was part of a rioting mob. There was no way for officers to know whether or not she had a gun. The mob was a threat. She was in the Capitol. She was part of an insurrection.