Husband Of Ashli Babbitt Sues Government For Wrongful Death On January 6

(Photo by Stephanie Keith/Getty Images)

Julianna Frieman Contributor
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The husband of Ashli Babbitt, a veteran who was shot and died during the Jan. 6, 2021 Capitol Riot, is suing the government for wrongful death.

Judicial Watch attorneys filed a lawsuit for $30 million against the U.S. government on behalf of Aaron Babbitt and his estate, according to court documents released Friday. The lawsuit alleged wrongful death and assault and battery.

Ashli Babbitt was shot dead by Capitol Police Lt. Michael Byrd during the Jan. 6, 2021 protest. The lawsuit alleges Byrd was negligent when he fired his gun at Babbitt, who attorneys say only traveled to Washington, D.C. to attend Trump’s “Save America” rally, according to court records. They claimed the Trump supporter and Air Force veteran “posed no threat to the safety of anyone.”

“The facts speak the truth. Ashli was ambushed when she was shot by Lt. Byrd,” the attorneys wrote. “Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose.”

Byrd was accused of brandishing his gun incorrectly, violating safety, use of force and imminent threat assessment standards, according to the lawsuit. Byrd was reportedly not in uniform when he shot Ashli and failed to identify himself as affiliated with the Capital Police or issue “any warnings or commands” before firing.

The lawsuit claims Ashli could not have seen Byrd before he shot her, according to a press release by Judicial Watch. She allegedly experienced extreme pain, suffering and mental anguish before she became unconscious and was later pronounced dead at Washington Hospital Center at 3:15 p.m. (RELATED: Speaker Johnson Releases Jan 6th Capitol Riot Tapes)

Ashli’s autopsy revealed the cause of death was a “gunshot wound to left anterior shoulder,” according to the press release. Her lungs contained blood, which the lawsuit claims further proves she was alive after being shot.

Byrd was previous disciplined for incidents before Jan. 6, 2021, the press release stated. He reportedly left the same Glock used to kill Ashli in a bathroom in 2019 and had his police powers revoked on more than one occasion due to failure to meet or complete semiannual firearms qualification requirements.