The husband of the woman shot and killed inside the U.S. Capitol during the Jan. 6 insurrection has asked a Washington, D.C. judge to order the public disclosure of official records related to the investigation that concluded a U.S. Capitol Police officer was justified in pulling the trigger.
Thirty-five year-old Ashli Babbitt was shot once in the shoulder as she attempted to crawl through a broken window of a door leading to House Speaker Nancy Pelosi’s lobby. Federal prosecutors have cleared the officer, who has not been publicly identified, of wrongdoing. A review of the incident found that the officer, a lieutenant, clearly identified himself and ordered Babbitt and other rioters not to pass a barricade at the doors to the Speaker’s lobby before firing.
Authorities determined that there was insufficient evidence to prove Babbitt’s civil rights were violated and that it was reasonable for the officer to believe he was firing in self-defense or in defense of members of Congress and aides who were fleeing the House chamber.
In a lawsuit filed June 1 in D.C. Superior Court, Babbitt’s husband, Aaron Babbitt, of San Diego, asked a judge to order the disclosure of D.C. police investigative records, including witness statements, detectives’ reports, video footage and documents with the name of the officer who fired the fatal shot.
Aaron Babbitt said he requested the records in April under the Freedom of Information Act but received no reply. He said the city has neither provided records nor demonstrated “that the requested records are lawfully exempt from production.”
The D.C. government has not yet responded to the lawsuit in court. An initial hearing before a judge is scheduled for Sept. 3.