The Trump administration will pay just under $5 million to the family of Ashli Babbitt, a woman killed by an officer during the U.S. Capitol riots in 2021, in a wrongful death lawsuit.
The settlement would bring an end to a $30-million federal lawsuit filed by Babbitt’s estate in 2024 in Washington, D.C.
Babbitt — who was taking part in the riots — was shot by a Capitol Hill police officer on January 6, 2021, while attempting to climb through a shattered window of a blocked-off door leading to the Speaker’s Lobby.
Police Lt. Michael Byrd, the officer who shot her, was cleared of wrongdoing by the U.S. Attorney’s office for the District of Columbia, which concluded that he acted in self-defence and the defence of members of Congress.
In a separate investigation, the Capitol Police also cleared the officer of any wrongdoing.
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“The actions of the officer in this case potentially saved Members and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where Members and staff were steps away,” United States Capitol Police (USCP) said in a statement in August 2021.
“USCP Officers had barricaded the Speaker’s Lobby with furniture before a rioter shattered the glass door. If the doors were breached, the rioters would have immediate access to the House Chambers. The officer’s actions were consistent with the officer’s training and USCP policies and procedures,” it concluded.
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On May 2, lawyers representing Babbitt’s estate and the U.S. Justice Department told the judge they had reached a tentative settlement, though the details have not been finalized and a deal is yet to be signed.
Babbitt, a 35-year-old Air Force veteran from San Diego, was unarmed when she was gunned down by police. The lawsuit argues that Byrd, who was not dressed in uniform when he killed her, failed to de-escalate the situation and did not provide Babbitt with any warnings or instructions before firing his weapon.
The claim also says Capitol police failed to acknowledge that the accused had displayed patterns of dangerous and incompetent behaviour.
“Ashli posed no threat to the safety of anyone,” the lawsuit says.
Byrd said in a televised interview in August 2021 that he fired as a “last resort,” adding that he did not know if the person jumping through the window was armed when he pulled the trigger.
Babbitt was one of thousands of protesters who stormed the U.S. Capitol on Jan. 6, 2021, following a “Stop the Steal” rally near the White House, where President Trump gave a speech.
Hundreds of police officers were injured during the insurgency.
In January, on the first day of his second term as president, Trump pardoned all riot participants, reduced the prison sentences of those charged, and ordered the dismissal of charges for over 1,500 individuals who took part.
— With files from The Associated Press
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