The spouse of slain Jan. 6 rioter Ashli Babbitt has filed a $30 million wrongful death claim against the United States government, according to court records revealed Friday.
Judicial Watch, a conservative legal activist group, filed the wrongful death and assault and battery lawsuit in federal court in California on behalf of Aaron Babbitt and his estate.
During the Jan. 6, 2021, attack on the Capitol, his wife was shot and murdered by law enforcement while attempting to climb through a barred entrance near the House chamber.
According to the lawsuit, Capitol Police Lt. Michael Byrd was irresponsible when he fired at Babbitt, a supporter of former President Trump.
“The facts speak for themselves. “Ashli was ambushed when she was shot by Lt. Byrd,” the attorneys stated, claiming that she traveled to D.C. solely to attend Trump’s speech.
“Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose,” they wrote, asserting that Babbitt, an Air Force veteran, “posed no threat to the safety of anyone.”
The attorneys also accused Byrd of breaking standards of care governing the safe use of a handgun, the use of force, and the evaluation of an impending threat.
Furthermore, the suit claimed that at the time of the killing, Byrd was not in uniform, did not identify himself as an officer, and failed to issue “any warnings or commands” to Babbitt before shooting.
In an interview after the incident, Byrd stated that he feels he saved “countless lives” that day and believes he made the correct decision. He was later cleared.
“I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger,” he said after the incident, explaining his actions. “And that’s my job.”