The family of a January 6 protester has filed a $30 million wrongful death suit in a California federal court. They argue that Ashli Babbitt posed no threat and was exercising “God-given, American liberties and freedoms” when she traveled alone to Washington DC from San Diego because she “loved her country and wanted to show her support for President Trump.”
Babbitt, a 35-year-old Air Force veteran, was fatally shot during the 2021 US Capitol insurrection while attempting to breach the House. The lawsuit alleges that Capitol Police Lt. Michael Byrd, the officer responsible for the shooting, not in uniform, failed to identify himself or issue warnings before using lethal force.
The officer, who has faced “many credible death threats” and other “horrific threats,” was cleared of any wrongdoing in an internal investigation, where it was found that “the officer’s conduct was lawful and within Department policy.”
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Byrd maintains that he “tried to wait as long as I could” before he acted to protect members of Congress and fellow officers as a mob attempted to break into a secured area in the Speaker’s Lobby by smashing a door’s glass window. He shot a single round that struck Babbitt in the shoulder.
Babbitt’s mother, Micki Witthoeft, has called for the hanging of Lt. Byrd and former House Speaker Nancy Pelosi in the two years she’s been protesting her daughter’s death. She has also been arrested twice in relation to the protests, but prosecutors have opted not to pursue charges.
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