The Mercury News

Prosecutor­s: No charges for officer in Capitol shooting

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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 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 waisthigh 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.

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