U.S. Capitol Police officer cleared in fatal shooting during Capitol attack

WASHINGTON — A U.S. Capitol Police officer has been cleared of criminal wrongdoing for fatally shooting Air Force veteran Ashli Babbitt as she attempted to breach a set of doors deep in the Capitol during the January siege, federal prosecutors in the District of Columbia announced Wednesday.

Authorities determined that there was insufficient evidence to prove that Babbitt’s civil rights were violated, and that it was reasonable for the officer to believe he was firing in self-defense or in defense of members of Congress and aides who were fleeing the House chamber. Prosecutors did not identify the officer.

The killing of the 35-year-old California native became one of the defining moments of the riot, after graphic videos of her shooting spread across social media and were replayed by news outlets.

Prosecutors notified a representative of Babbitt’s family of the findings Wednesday, the office of acting U.S. attorney Channing Phillips of D.C. said in a statement. The statement said the U.S. attorney’s office and the Justice Department have closed the investigation, “acknowledging the tragic loss of life and offering condolences” to Babbitt’s family.

Roger Witthoeft, Babbitt’s brother, said he wanted some time to compose a response to prosecutors’ decision in the case.

Mark Schamel, the officer’s attorney, credited his client with showing restraint.

“His bravery on January 6 was nothing short of heroic,” Schamel said. “He stopped the rioters from gaining entry into the Speaker’s Lobby and saved the lives of countless members of Congress and the rioters. His heroism should be no surprise to those who know him.”

To convict law enforcement officers of civil rights violations, including shootings resulting in death, prosecutors must be able to prove that an officer used “objectively unreasonable” force and “willfully” used more force than he thought was necessary. The high bar of willfulness makes bringing charges against an officer difficult, and Wednesday’s outcome was not unexpected by legal observers.

Cellphone videos captured the shooting as it unfolded on the afternoon of Jan. 6. Babbitt and a group of other rioters made their way inside the Capitol to barricaded doors leading to the Speaker’s Lobby, which is the hallway outside the House chamber, where some lawmakers were taking shelter during the siege.

Videos show the group pummeling the wood-and-glass doors with a helmet, feet and a flagpole. A Capitol Police officer in a suit and a surgical mask stands in a doorway on the far side of the doors with his gun drawn.

The officer opened fire as Babbitt attempted to crawl through one of the broken panes of the Speaker’s Lobby doors, video shows. Babbitt, who was hit in the shoulder, tumbled onto the floor.

The attorney for the officer, a lieutenant, said he clearly identified himself and ordered rioters not to pass a barricade at the doors of the Speaker’s Lobby, before firing. Other officers had also ordered Babbitt to stop and she broke multiple laws in attempting to enter the Speaker’s Lobby, according to the statement.