No charges in Capitol riot shooting
WASHINGTON — Federal prosecutors will not charge a police officer who shot and killed a woman as she climbed through the broken part of a door during the insurrection at the U.S. Capitol on Jan. 6, the Justice Department said Wednesday.
Authorities had considered for months whether criminal charges were appropriate for the Capitol Police officer who fatally shot Ashli Babbitt, a 35-year-old Air Force veteran from San Diego. The Justice Department’s decision, though expected, officially closes out the investigation.
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.
Mark Schamel, a lawyer for the officer, a lieutenant whose name was not released by the Justice Department, said that the decision to not bring charges was “the only correct conclusion” and that his client had “saved the lives of countless members of Congress and the rioters.”
Mr. Schamel pointed out that the officer fired only one shot and did so only after identifying himself and “ordering the mob not to come through the barricade.”