54°F
weather icon Mostly Clear

No charges for officer in Capitol riot shooting, prosecutors say

WASHINGTON — Federal prosecutors will not charge a police officer who shot and killed a woman as she climbed through the broken part of a door during the insurrection at the U.S. Capitol on Jan. 6.

Authorities had considered for months whether criminal charges were appropriate for the Capitol Police officer who fatally shot Ashli Babbitt, a 35-year-old Air Force veteran from San Diego. The Justice Department’s decision, though expected, officially closes out the investigation.

Prosecutors said they had reviewed video of the shooting, along with statements from the officer involved and other officers and witnesses, examined physical evidence from the scene and reviewed the autopsy results.

“Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution,” the department said in a statement.

Video clips posted online depict Babbitt, wearing a stars and stripes backpack, stepping up and beginning to go through the waist-high opening of an area of the Capitol known as the Speaker’s Lobby when a gunshot is heard. She falls backward. Another video shows other unidentified people attempting to lift Babbitt up. She can be seen slumping back to the ground.

Prosecutors said Babbitt was part of the mob that was trying to get into the House as Capitol Police officers were evacuating members of Congress from the chamber. The officers used furniture to try to barricade the glass doors separating the hallway from the Speaker’s Lobby to try to stave off the rioters, who kept trying to break through those doors, smashing the glass with flagpoles, helmets and other objects.

At the same time, Babbitt tried climbing through one of the doors where the glass was broken out. A Capitol Police officer inside the Speaker’s Lobby then fired a single round from his service weapon, striking Babbitt in the shoulder, prosecutors said.

She fell to the ground before a police tactical team rushed into the area and gave first aid. Babbitt was later pronounced dead at a hospital.

Babbitt is one of five people who died in or outside the Capitol on Jan. 6, including a police officer. Three other people died of medical emergencies.

The Justice Department does not bring criminal charges in most police shootings it investigates in part because of the high burden for prosecution. Criminal charges were not expected in this case because videos of the shooting show Babbitt encroaching into a prohibited space, and second-guessing the actions of an officer during the violent and chaotic day would have been a challenge.

“Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,” prosecutors said.

Don't miss the big stories. Like us on Facebook.
THE LATEST
Nevadans support diaper tax exemption, state lottery

A public opinion poll on how Nevadans are feeling about several ballot questions found majority support a tax exemption for diapers, open primaries and ranked choice voting, and enshrining abortion rights into the constitution.

Former senator, VP candidate Joe Lieberman dies at 82

Joe Lieberman nearly won the vice presidency on the Democratic ticket with Al Gore in 2000 and almost became Republican John McCain’s running mate in 2008.

Aging Hoover Dam may get $45M for maintenance

It will take tens of millions of dollars to repair and improve the dam over the next 10 years, officials estimate.

Judge issues gag order in Donald Trump’s hush money case

It prohibits the former president from attacking key figures in the case, like his former lawyer-turned-nemesis Michael Cohen or porn star Stormy Daniels.

Why RFK Jr. might not be on Nevada’s ballot

Robert F. Kennedy Jr.’s campaign said it had enough signatures to appear on Nevada’s ballot, but the petition didn’t name a vice president, as state law requires.

 
Nevada terminates grants to immunization nonprofit

A nonprofit will have grants terminated after state officials say it failed to pay over $400,000 to vendors despite the state reimbursing it for those payments.