Officer Who Shot And Killed USAF Veteran Capitol Rioter Not Likely To Face Criminal Charges

A preliminary investigation on the death of Air Force veteran Ashli Babbitt during the Capitol Hill riot, has not found enough evidence to file criminal charges against the Capitol police officer who shot and killed her while attempting to breach the building.

The officer, who remains unnamed, has been placed on official leave pending investigations to determine if Babbitt’s civil rights were violated during the siege.

According to the Wall Street Journal, the Justice Department civil rights investigation into the shooting is a routine procedure for whenever a police officer uses deadly force. Investigators have made an initial determination that any criminal charges against the officer are not warranted.

Although the Justice Department officials have not made a final decision on the case, the U.S. Attorney’s office in Washington is leading a broader investigation on the riot which has resulted in the prosecution of more than 150 cases.

Babbitt, 35, was one of the rioters who stormed the Capitol and was climbing through a window of the Speaker’s lobby that had been shattered by protesters when she was shot.

The officer who fired the deadly shot told The New York Times that there were complete chaos and confusion at the time, and feared the rioters were about to access the chamber when he pulled the trigger. He also claimed that he had no knowledge there had been three officers guarding the door nor had he known there was a tactical team on its way to help disperse the rioters. All he could see was an aggressive crowd advancing towards him.

Video footage captured three officers guarding the door without any visible shield or riot gear. The Capitol officer added that he had no advance planning on how to deal with that kind of charge on the building.

At least eight people died in the aftermath of the Capitol riot on Jan. 6. This includes Babbitt, two officers who died by suicide in the wake of the riot, a Capitol police officer who died from injuries after a rioter threw a fire extinguisher at him, as well as three rioters who died from medical emergencies, and a man who died by suicide following his arrest for his role in the riots.