The U.S. Capitol Police announced today the officer who fatally shot Ashli Babbitt during the Jan. 6 insurrection at the U.S. Capitol acted lawfully.
In a press statement, the Capitol Police said the department had completed their internal investigation "after interviewing multiple witnesses and reviewing all the available evidence, including video and radio calls."
Babbitt, a 35-year-old from San Diego who served 14 years in the U.S. Air Force, was seen on video trying to climb through a broken window in the Speaker's Lobby inside the Capitol building amid the riot by supporters of then-President Donald Trump. Video shows an officer with his weapon drawn and a gunshot is heard before Babbitt is shown falling backward to the ground. She later died from her injuries.
"The actions of the officer in this case potentially saved [Congress members] and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where Members and staff were steps away," the Capitol Police statement read.
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"USCP Officers had barricaded the Speaker’s Lobby with furniture before a rioter shattered the glass door," the statement continued. "If the doors were breached, the rioters would have immediate access to the House Chambers. The officer’s actions were consistent with the officer’s training and USCP policies and procedures."
The USCP's Office of Professional Responsibility "determined the officer’s conduct was lawful and within Department policy, which says an officer may use deadly force only when the officer reasonably believes that action is in the defense of human life, including the officer’s own life, or in the defense of any person in immediate danger of serious physical injury."
The officer, who has not been named due to his safety, will not face internal discipline, the Capitol Police said.
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In April, the U.S. Attorney’s Office for the District of Columbia announced it would not pursue criminal charges against the Capitol Police officer.
“Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution,” the Justice Department said in a statement.
At the time, Federal prosecutors said they reviewed video of the shooting, statements from the officer involved, statements from other officers and witnesses, examined physical evidence from the scene, and reviewed the autopsy results before making their determination to close any criminal investigation.
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