The family lawyer for Ashli Babbitt, the woman who was fatally shot after storming the Capitol on January 6, are preparing to file a $10 million wrongful death lawsuit. The AUDACITY!
The Babbitt family attorney says Ashli was the victim of an “ambush,” which is why they’re preparing a wrongful death lawsuit seeking more than $10 million in damages against the Capitol Police and the officer who fatally shot her as she stormed the Capitol.
The shot was caught on video, showing the officer off to the side holding a gun as Babbitt made her way through broken glass-paneled doors. At the center of the debate, though, is the what was shouted and heard in the moments leading up to Babbitt’s death.
Terry Roberts, a Maryland personal injury lawyer who specializes in police misconduct cases, disagrees with the assertions by the officer’s lawyer that his client issued a verbal warning before discharging his firearm.
“It’s not debatable,” Roberts told RealClearInvestigations. “There was no warning.”
A warning? As she was storming the U.S. Capitol?
Babbitt, a 35-year-old Trump supporter who served in the Air Force for over a dozen years, was shot as she tried to breach a door leading to the Speaker’s Lobby as the Capitol Police evacuated members of Congress during the riot. She was transported to Washington Hospital Center, where she died from her injuries.
According to the officer’s legal representation, the officer–whose identity remains a mystery–shouted warnings leading up to the single shot.
“It’s a false narrative that he issued no verbal commands or warnings,” the officer’s lawyer, Mark Schamel, previously told RealClearInvestigations. “He was screaming, ‘Stay back! Stay back! Don’t come in here!'”
Schamel said his client’s shouts could not be seen in video footage of the incident because his mouth was covered with a mask meant to stop the spread of COVID-19, notING the videos were taken on the other side of the doors, where the rioters were making a lot of noise, and he says he has witness statements to back that up.
“Lethal force is appropriate if the situation puts you or others in fear of imminent bodily harm. There should be a training video on how he handled that situation,” he said of his client. “What he did was unbelievable heroism,” adding that the officer “stopped a potential massacre” by preventing the advance of the unruly demonstrators.
In addition to the pending $10 million lawsuit against the police, Babbitt’s family also sued in June in the Superior Court of the District of Columbia for access to video footage of the shooting, witness statements, and documents identifying the officer who fatally shot Babbitt.