Ashli Babbitt was killed at the U.S. Capitol riot on January 6, by an officer whose identity we still don't know, over five months later. Babbitt was the unarmed 35-year old Air Force veteran and pro-Trump protester who attempted to enter the Capitol when she was shot and killed. Her husband, Aaron Babbitt, has had to file a lawsuit to find out who killed his wife.
Babbitt filed a FOIA request on April 21, shortly after the officer who shot his wife was cleared of any wrongdoing.
As The Washington Post reported on April 14:
Authorities determined that there was insufficient evidence to prove 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.
"Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt's family, the U.S. Attorney's Office and U.S. Department of Justice have therefore closed the investigation into this matter," is how a press release from the U.S. Attorney's Office for the District of Columbia concluded.
The words likely did not mean much to the Babbitt family. As Leah reported shortly after Babbitt's death in January, her mother-in-law and husband found out about her death while watching television.
Since the Babbitt family has yet to hear a response, Aaron Babbitt is asking the D.C. Superior Court to intervene and force police to hand over the identity of the officer and the video showing the circumstances of the shooting which led to her death.
WUSA9, a local news outlet, reported that the complaint, filed by attorney Terrell Roberts who is representing the Babbitt family, claims that the D.C. Metropolitan Police Department failed to comply with the D.C. Freedom of Information Act.
Jordan Fischer, a reporter with WUSA9, tweeted a copy of the complaint.
#CapitolRiot: Aaron Babbitt, the husband of Ashli Babbitt – who was fatally shot while attempting to breach the Speaker's Lobby – has filed a complaint against @DCPoliceDept. He's requesting information on the identity of the @CapitolPolice officer who shot his wife. pic.twitter.com/ExzBZxvsnK
— Jordan Fischer (@JordanOnRecord) June 9, 2021
Roberts spoke with WUSA9, saying the shooting was an "obvious case of excessive force" and that a police officer should have stopped and arrested her instead but that "there was no need to shoot her."
The attorney spoke with WUSA9 and CNBC about a wrongful death suit. From Kevin Breuninger with CNBC:
Roberts also said that a yet-to-be-filed lawsuit, which will demand millions in recovery from losses, “does not hinge on the current FOIA action against DC’s police department.”
That forthcoming legal action will allege the USCP violated Babbitt’s constitutional right against the use of excessive force “and possibly failure to train, discipline and supervise the officer who killed Babbitt,” Roberts told CNBC in a previous email.
The lawsuit will seek “an amount well above $10 million” in recovery from losses, he said.
As Breuinger also reported, the initial schedule conference to do with the FOIA lawsuit will take place on the morning of September 3, with Judge Florence Pan.