Preliminary investigation clears lieutenant who fatally fired at pro-Trump rioter as she tried to climb into congressional chamber.
Ashli Babbitt, the Trump supporter killed during the Capitol riot on Jan. 6, 2021 (Twitter)
The Capitol police officer who fatally shot rioter Ashli Babbitt during the Jan. 6 insurrection should not face charges, a preliminary investigation has advised.
Babbitt, a 35-year-old Air Force veteran and QAnon supporter, was killed inside the Capitol building while trying to climb through a broken window into the Speaker’s Lobby, directly outside the House chamber.
Sources told the Wall Street Journal Monday night that an internal enquiry had cleared the unnamed Capitol lieutenant, who had been placed on leave pending an investigation.
However, the ultimate decision to press charges rests with the Justice Department, which is yet to make its conclusions.
The Department’s investigation into whether Babbitt’s civil rights were violated is a routine procedure following the officer’s use of deadly force in Washington D.C.
Charges against the officer were considered unlikely, since federal prosecutors would have to prove that he used excessive force and willfully violated Babbitt’s constitutional rights.
As hundreds of rioters forced their way into the Capitol building on Jan. 6, Babbitt was part of a mob which reached the doors to the Speaker’s Lobby. The rioters proceeded to smash the windows with sticks and helmets in an effort to reach Congress members on the other side.
According to the New York Times, the officer who fired the fatal shot told investigators that in the mayhem he feared the mob was about to access the chamber.
However, police were also outside the chamber at the time, and the rioters moved away when reinforcements arrived.
Videos of the shooting posted on social media showed Babbitt falling from a smashed-out window after being shot by the officer from the other side of a set of double doors.
The officer claimed he didn’t realize three other officers were guarding the door and only saw the mob coming towards him moments before firing the fatal shot at around 2:30 p.m.
He also said that he didn’t know a tactical team was on its way to help disperse the rioters.
Footage shows the three officers guarding the door apparently making way for reinforcements, as one is heard saying: “They’re ready to roll.”
In that moment the door was left unguarded as rioters continued to try and break it down.
The officer told officials that when he fired the single shot he did not know whether members of the mob were armed.
He also said that he thought he had heard shots fired elsewhere in the Capitol before barricading the door to the highly restricted area with tables and chairs.
Babbitt was among five people killed during the riot, including three other Trump supporters and an on-duty police officer who died after a fire extinguisher was thrown at his head.
More than 100 rioters have since been arrested in connection with the Capitol breach.
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Still not sure what to think about this, although a bit more understanding of the officer as more info has come out about bad intent (e.g. seal 'em underground and gas 'em). Do the public get to see the reasoning of the internal enquiry? I imagine if Ashli was an unarmed black woman shot and killed by police, people would want to examine the reasoning/ procedures followed quite carefully.