The husband of Ashli Babbitt, the woman who was fatally shot during the Jan. 6, 2021, insurrection, is pursuing legal action against the government.
Nonprofit conservative foundation Judicial Watch filed the complaint for Aaron Babbitt and the deceased woman’s estate in California federal court on Friday. It’s seeking $30 million “for wrongful death, assault and battery and various negligence issues,” according to a news release.
Babbitt was among hundreds of pro-Donald Trump supporters who stormed the U.S. Capitol building on Jan. 6, 2021, in an attempt to disrupt Congress as they certified the 2020 presidential election. The 35-year-old was struck in the neck by Capitol Police Lt. Michael Byrd when she tried to maneuver her way through a broken window in a door to the Speaker’s Lobby.
She succumbed to her injuries at Washington Hospital Center. The officer who fired the single shot was not charged by the Department of Justice, leaving conservatives angry at the decision.
Trump has publicly defended Babbitt’s family and slammed the officer’s actions. The lawsuit against the United States of America argues that Babbitt did not go to Washington, D.C., with the intention to partake in the riot.
“Ashli loved her country and wanted to show her support for President Trump’s America First policies and to see and hear the president speak live while he remained in office,” the lawsuit stated. “Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose. She was there to exercise what she believed were her God-given, American liberties and freedoms.”
It alleges that Byrd failed to identify himself as an officer or provide a warning to Babbit before he struck her, adding he was not dressed in his uniform at the time.
“The facts speak truth. Ashli was ambushed when she was shot by Lt. Byrd,” the claim says.
A widely circulated video shows the rioters confronting three Capitol officers standing in front at the entrance of the Speaker’s Lobby. The scene shows a man persuading the three cops to leave their post, and when those police officers walk away, the rioters attack the window on the top half of the door.
At this point, Byrd appears from the left on the other side of the glass window, dividing the rioters from the lobby, holding a leveled gun as a warning. Even as people in the crowd yell out “gun!” repeatedly, the crowd breaks through the door’s glass window.
The moment Babbitt is lifted up to climb through to the other side, the officer fires, and she immediately falls to the floor.
Speaking to NBC News in 2021, although Byrd has said he received a lot of flak for what he did, the veteran officer defended his actions.
“I know that day I saved countless lives,” Byrd told the outlet. “I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger. And that’s my job.”
Since the deadly insurrection, more than 1,000 people have been charged, and over 700 pleaded guilty for their involvement.
