OPINION: This article may contain commentary which reflects the author's opinion.
The family of Ashli Babbitt is planning to sue the Capitol Police for $10 million for, what it called, an “ambush” attack that resulted in her death.
An attorney for the Babbitt family, Terry Roberts, who specializes in police misconduct cases, spoke to Real Clear Investigations this week and said that he does not believe Babbitt was warned before the officer shot her, Fox News reported.
“It’s not debatable. There was no warning,” he said. “I would call what he did an ambush. I don’t think he’s a good officer. I think he’s reckless.”
“Those other officers were within earshot. If he’s yelling, they certainly aren’t showing any reaction to it,” he said. “If he was giving any kind of warning, why didn’t they react?” he said.
The unnamed officer’s attorney has denied the allegations.
“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!'” he said.
“The family plans to file a $10 million wrongful death lawsuit against the Capitol Police and the officer,” Fox News said, citing a Washington Examiner report.
The Department of Justice cleared the officer of any wrongdoing in April, saying that “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 department 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.”
The officer’s identity has been the subject of speculation on the Internet, including from Donald Trump.
He believes he may know who was responsible for shooting Ashli Babbitt on January 6 at the Capitol and if he is correct it is a blockbuster.
The 45th President of the United States was interviewed by Fox News host Maria Bartiromo on Sunday and he said he heard the shooter was connected to a top Democrat.
“I want to talk about that because Ashli Babbitt, a wonderful woman, fatally shot on January 6th as she tried to climb out of a broken window. Her family has spoken out, her family has been on Tucker Carlson and they want answers as far as why this wonderful woman, young woman, who went to peaceful protest was shot,” Bartiromo said.
Trump on who shot Ashli Babbitt: "I've heard also that it was the head of security for a certain high official. A Democrat. It's gonna come out." pic.twitter.com/n8WZaN0haC
— Aaron Rupar (@atrupar) July 11, 2021
“Do you have any information? There is speculation that this was a security detail in a leading member of Congress’ security detail — a Democrat. What can you tell us in terms of who shot Ashli Babbitt?” she said.
“People want to know [who shot Ashli Babbitt] and why,” he said in the interview. “I’ve heard also that it was the head of security for a certain high official. A Democrat. It’s gonna come out.”
If that is true, and no evidence was presented to prove the claim, it would be a scandal of gigantic proportions.
And Trump is not the only one who wants to know the identity of the shooter.
Republican Arizona Rep. Paul Gosar demanded answers during a House Oversight and Reform Committee on in May.
The representative asked former acting Attorney General Jeffrey Rosen if any firearms were confiscated from the attendees at the pro-Donald Trump rally at the Capitol.
"Who executed Ashli Babbitt?"@RepGosar pushes former acting AG Jeffrey Rosen for answers on the death of Ashli Babbitt on Jan. 6. pic.twitter.com/PWw0locNqo
— Washington Examiner (@dcexaminer) May 12, 2021
“Officer Sicknick was there acting in the line of duty and went into harm’s way. And I think as others have said, he acted as one of many heroes on that day, so –” Rosen said before the representative cut him off to state that “He died of natural causes.”
Then he moved on to the death of Babbitt, who was shot by a Capitol Police officer as she was attempting to climb through a window inside the Capitol building.
“Do you recall the name of the young lady, a veteran wrapped in an American flag, who was killed in the U.S. Capitol?” Gosar said to Rosen.
“I do. Her name was Ashli Babbitt,” Rosen said.
Gosar demanded to know if Babbitt was armed in any way
“Again, Congressman, I need to be respectful of your observations, but I just don’t want to talk about individual situations,” Rosen responded.
“No, she wasn’t. She was wrapped in a U.S. flag,” Gosar said. “Was the death of Ashli Babbitt a homicide?”
“Congressman, I’m not trying to be unhelpful here. But I just cannot comment,” Rosen said before Gosar stopped him again.
“As the death certificate says, it was a homicide. Who executed Ashli Babbitt?” Gosar asked, but Rosen, once again, side-stepped the question.
“My constituents demand answers. But the truth is being censored and covered up. As a result, the [Justice Department] is harassing peaceful patriots across the country,” Rep. Goar said.
“Without accurate answers, conspiracies continue to form,” he said at the hearing.
