DOJ reaches settlement with family of woman who was fatally shot by cop during Jan 6 riot
The Department of Justice has settled with the family of a woman who a police officer fatally shot during the January 6 riots at the Capitol.
Ashli Babbitt, the 35-year-old Air Force veteran and Trump supporter, was shot dead on January 6, 2021, per AP News.
The development in the suit was confirmed on Friday in a filing with a Washington, D.C. federal judge, as lawyers for Babbitt’s estate and the government announced that they had “reached an agreement in principle” in the $30 million wrongful death lawsuit filed last year.
Who Was Ashli Babbitt?
Babbitt – a San Diego native – served 14 years in the Air Force, with deployments in Afghanistan, Iraq, Kuwait, and Qatar. In the years leading up to her death, her social media posts revealed a deep loyalty to Donald Trump and interest in the QAnon conspiracy theory.
On the day of the Capitol riot, Babbitt was among the mob that stormed Congress during the certification of the 2020 election results.
She was wrapped in an American flag and attempting to climb through a smashed window into the Speaker’s Lobby. That’s when Capitol Police Lieutenant Michael Byrd fired a single shot that struck her in the shoulder.
Babbitt was rushed to Washington Hospital Center, where she died from her injuries.
The Lawsuit and Government Response
In the lawsuit, Babbitt’s family claimed she posed no threat. “Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby,” the complaint read. “Ashli posed no threat to the safety of anyone.”
The suit was first filed in California and later transferred to Washington, D.C., where the Biden administration’s DOJ defended the government’s actions.
Prosecutors wrote: “She made her way to the east doors of the Speaker’s Lobby situated immediately behind the Chamber of the U.S. House of Representatives… Although officers had barricaded the Speaker’s Lobby doors with heavy furniture, demonstrators broke through the glass panels of the lobby doors and matching windows on either side of the doors.”
Byrd was cleared of any wrongdoing in an internal investigation and was not charged. The DOJ determined the shooting was “lawful and within Department policy,” noting it was in defense of members of Congress under threat.
Trump’s Response and Support for Babbitt
President Donald Trump has repeatedly referred to Babbitt as a “patriot” and has voiced strong support for her family.
In a Newsmax interview, cited by the Independent, Trump said: “I’m a big fan of Ashli Babbitt, okay? And Ashli Babbitt was a really good person who was a big MAGA fan, Trump fan, and she was innocently standing there — they even say, trying to sort of hold back the crowd.”
“And a man did something unthinkable to her when he shot her, and I think it’s a disgrace,” Trump added. “I’m going to look into that.”
Trump also criticized the DOJ’s decision not to prosecute Byrd, saying: “I think it’s a disgrace. I’m going to look at that too. His reputation was — I won’t even say. Let’s find out about his reputation, OK? We’re going to find out.”
He previously compared Babbitt’s death to vandalism at Tesla dealerships, saying: “You didn’t have anything like that on Jan. 6, which is sort of amazing because on Jan. 6, the Democrats were talking. Nobody was killed other than a very beautiful young woman, Ashli, Ashli Babbitt. Nobody was killed.”
While Trump and some supporters have portrayed Babbitt as a martyr, others point to the broader toll of the Capitol riot.
According to a bipartisan Senate report, at least seven people died in connection with the attack.
That includes one rioter who suffered a heart attack, another crushed in a stampede, and a third who had a stroke. Additionally, at least five law enforcement officers died in the days and weeks after the riot, and more than 150 were injured.
Over 1,500 people have been criminally charged for their roles in the January 6 insurrection, which was fueled by Trump’s ongoing claims that the election was rigged and victory was stolen from him.
Though Trump has since issued “full pardons” for nearly all individuals involved in the riot – including 14 Proud Boys and Oath Keepers members whose sentences were commuted to time served – the legal and emotional consequences continue to ripple through American politics and families like Babbitt’s.
What Comes Next?
While the exact terms of the settlement between the DOJ and Babbitt’s family remain confidential, attorney Robert Sticht said a formal agreement is expected to be finalized within three weeks, per ABC News.