Ashli Babbitt Was ‘Ambushed’ by Capitol Police Officer, Family’s Lawyer Says
'It’s not debatable. There was no warning'
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Ashli Babbitt was "ambushed" by the Capitol Police officer before being fatally shot as she attempted to enter the Speaker’s Lobby, the family's lawyer said.
The Babbitt family is planning a $10 million wrongful death lawsuit against Capitol Police, according to the Washington Examiner.
According to Real Clear Investigations, Babbitt’s family lawyer, Terry Roberts, said he believes the officer didn’t give Ashli Babbitt verbal warnings before shooting her dead.
"It’s not debatable. There was no warning," Roberts alleged.
"I would call what he did an ambush.
"I don’t think he’s a good officer. I think he’s reckless."
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The officer's lawyer, Mark Schamel, argued against Roberts’ version of events.
"It’s a false narrative that he issued no verbal commands or warnings," he said.
"He was screaming, 'Stay back! Stay back! Don’t come in here!'" he told Real Clear Investigations.
He claimed the officer's shouts could not be heard on the cell phone video because he was wearing a mask.
He also said the shouts couldn't be heard because the video was from the other side of the doors.
"It’s a false narrative that he issued no verbal commands or warnings.
"He was screaming, 'Stay back! Stay back! Don’t come in here!'"
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"Lethal force is appropriate if the situation puts you or others in fear of imminent bodily harm," he continued.
"There should be a training video on how he handled that situation. What he did was unbelievable heroism," according to the Examiner.
The U.S. Justice Department cleared the officer of any wrongdoing, which said in April, "there is insufficient evidence to support a criminal prosecution."
"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," the DOJ said.
"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."
In June, the family also filed a lawsuit for access to video footage relating to the entity of the officer.
The video shows the officer pointing his gun at rioters as they smashed the glass door.
"There’s a gun! He’s got a gun!" rioters can be heard saying before Babbitt is shot.
Babbitt later died in hospital.
Last month, Babbitt’s mother, Michelle Witthoeft, accused Democratic House Speaker Nancy Pelosi (D-CA) of orchestrating her daughter’s death.
"My daughter was a California constituent, and Nancy Pelosi not only, I feel like, orchestrated the death of my daughter.”
“I’ve reached out to Nancy Pelosi’s office several times, and she has yet to call me back because she’s too busy playing in her clubhouse with all of her elite people,” Witthoeft said.
Donald Trump also asked the following question:
“Who shot Ashli Babbitt?”
President Trump asks who shot Ashli Babbitt. Every American should know who shot Ashli Babbitt. An unarmed young woman was shot at point-blank range and killed for trespassing. Any cop in this country they did that anywhere else would already be in prison. pic.twitter.com/2UKmhrIzEc
— Bernard B. Kerik (@BernardKerik) July 1, 2021
