The attorney for the family of Ashli Babbit, the unarmed protester shot and killed during the Jan. 6 Capitol riot, is now announcing that they will file civil charges over the violation of her constitutional rights.
Attorney Terry Roberts appeared on NewsMax Monday morning to talk about the Department of Justice dropping all charges against the unnamed police officer who shot Babbitt that day during the siege on the Capitol. He pointed out that the officer was to Babbitt’s left as she came into the building through the breached entrance. She did not see him and he allegedly gave her no verbal warning before shooting and killing the 35-year-old Air Force veteran. No one evidently heard a warning whatsoever. The officer’s attorney, Mark Schamel, claimed he issued several warnings according to RealClearInvestigations.
Roberts also pointed out that Babbitt could have been arrested after entering the building and that it was evident she was not armed. He contended that the shooting was totally unnecessary and there was no legal justification for shooting her.
Roberts said that the family takes severe issue with the DOJ’s ruling on the case, arguing that the officer-involved shooting was a gross overreaction and should have been prosecuted. Instead, all charges were dropped against the officer.
(Video Credit: NewsMax)
“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,” a released statement said.
“As members of the mob continued to strike the glass doors, Ms. Babbitt attempted to climb through one of the doors where glass was broken out,” the statement continued. “An officer inside the Speaker’s Lobby fired one round from his service pistol, striking Ms. Babbitt in the left shoulder, causing her to fall back from the doorway and onto the floor.”
The DOJ gave a nod to “the tragic loss of life” and offered their “condolences to Ms. Babbitt’s family.” Then they proceeded to close the case because their investigation failed to produce sufficient evidence that the officer violated 18 U.S.C. § 242, depriving Babbitt of her rights under the law.
“In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Ms. Babbitt of a right protected by the Constitution or other law, here the Fourth Amendment right not to be subjected to an unreasonable seizure,” the DOJ statement concluded. “Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully,’ which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law.”
“The actual evidence is this: the officer shot an unarmed woman who was not an immediate threat to him or any Member of Congress,” Roberts had remarked in a previous statement. “That is inconsistent with any claim of self-defense or the defense of others, period.”
“The family and I were disappointed in the Department of Justice decision on this but my role really is to bring civil action and in that way vindicate her rights,” the attorney said during the NewsMax interview.
“We strongly disagree with the Justice Department’s decision on this. We think the evidence is ample and would support criminal charges against the officer,” he continued.
The civil suit will reportedly be brought against the officer and the Capitol Police.
Ostensibly because Babbitt was a supporter of former President Trump, the shooting has been covered very little by the media. When it does get mentioned, it tends to be framed as her own fault for being involved in the riot.
There is still outrage on Twitter over Babbitt’s death and the dropping of charges against the officer who shot her that day:
— Michael Henning Sr (@MikeHenningSr) April 24, 2021
When will the Democratic Party FBI tell us who killed Ashli Babbitt.
When will the FBI arrest that person?
— Gary Doyle (@GetInTheGame18) April 24, 2021
Ashli Babbitt was unarmed! Why didn’t they arrest her instead of shooting her? Was all that real?
— That Right Girl🇺🇸 (@the_right_girl4) April 26, 2021
BINGO !!! Truth 👇👇👇👇 https://t.co/1FN3XkFUXz
— Justice For Ashli Babbitt (@ForAshli) April 24, 2021
The Capitol police report to a board consisting of the Sgt. at Arms of the House, the Sgt. at Arms of the Senate & the Capitol Architect.
The Sgt. at Arms are elected by the House & Senate.
Pelosi and Schumer are stopping the arrest of the killer of Ashli Babbitt.
— Gary Doyle (@GetInTheGame18) April 25, 2021
And this is why Ashli Babbitt's death was a murder. https://t.co/4pbd9ehOJq
— Sal Moanella (@SalMoanella1) April 25, 2021
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