No criminal charges for Capitol Police officer in Ashli Babbitt's death, US Attorney says

WASHINGTON (7News) — There will be no criminal charges pursued against the U.S. Capitol Police officer who was involved in the shooting death of Ashli Babbitt during the Capitol insurrection on Jan. 6, the U.S. Attorney's Office and the Civil Rights Division of the U.S. Department of Justice announced on Wednesday.

The announcement comes following an investigation into the shooting, which involved social media video footage, officers and witnesses, physical evidence at the scene of the shooting, and an autopsy, according to the attorney's office.

Part of the statement from the U.S. Attorney's Office reads as follows:

Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution. Officials from IAD informed a representative of Ms. Babbitt’s family today of this determination.

According to the investigation pursued by officials, Babbitt joined a crowd of people gathered on the Capitol grounds to protest the outcome of the 2020 presidential election and was part of the crowd that forced their way inside of a Joint Session closed to the public which was convening on the results of the Electoral College Vote.

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The Joint Session was stopped and Capitol Police started to evacuate Congress, according to the attorney's office, when Babbitt was among a mob of people inside the Capitol building trying to gain access to the "Speakers Lobby" leading to the Chamber of the House of Representatives, and as members of the "mob" continued to strike the glass doors, she tried to climb through one of the doors where the glass was broken.

She was hit in the left shoulder by one round shot by an officer inside the Speaker's Lobby, which caused her to fall back from the doorway and onto the floor, according to the investigation.

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An emergency U.S. Capitol Police response tried to administer aid to Babbitt, according to the attorney's office, and she was sent to the Washington Hospital Center, where she later died from her injuries.

According to the attorney's office, prosecutors must prove beyond a reasonable doubt that the officer "willfully" deprived Babbitt of a right protected by the Consitution or other law, which was not proven.

There was no evidence to establish that beyond a reasonable doubt and the evidence did not establish that the officer who shot Babbitt "did not reasonably believe it was necessary to do so in self-defense" or in the protection of members of Congress.

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The U.S. Attorney's Office ended its statement with the following:

Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter.