Ashli Babbitt

Date: 1/6/2021                        Location: Washington D.C.   FACTORS (1,2,12,13,14,15,19)       

Name: Ashli Babbitt                                    

Criminal History/Involved: No./Yes, Babbitt was trespassing in the US Capitol and attempted to enter a secured area. 

Mental Illness: None stated.

Substance Abuse History/Involved: Unknown./None stated.

Race/Sex/Age: White/Female/35

Officer(s) involved:  Capitol Police Officer Lt. Michael Byrd                                                          

What prompted the initial contact with police? Babbitt was among a group of rioters that stormed the capitol building “to disrupt the certification of the 2020 presidential election”. Three officers guarding the inner doors evacuated for fear of their own safety.

Actions taken by subject towards police: Despite the chairs placed in front of the secured inner double doors to prevent the rioters from entering further into the “highly restricted area” and “passage being used to evacuate the House”, Babbitt can be seen on video climbing through the broken window of the door as armed, plain clothes officer, Lt. Byrd stood off to the side with his duty weapon pointed at the door.

Reactions by the police: As Babbitt was halfway through and into the secured area; Lt. Byrd shot her one time in the neck, killing her.

Outcome of investigation into the fatal police incident: Investigators found the officers’ actions were reasonable and determined he “should not be charged with any crimes”. Federal prosecutors closed the investigation without filing any charges.

What could the subject have done that day to still be alive today? Not illegally storm into the U.S. Capitol building as part of an angry mob, especially while it is in session and members of congress are inside and vulnerable; Not disregard barricades and try to enter further into the building which needed to be maintained as a secure area for the safety of the elected officials in the chamber; Comply with officer’s commands to “Get back” and “Get down”.

Justified Use of Deadly Force? YES, Babbitt had already illegally entered the U.S. Capitol and was attempting to go further inside to where the nation’s elected officials were being guarded. Multiple warnings were given for Babbitt and the other rioters to retreat and exit the Capitol building. The barricaded door Babbitt was climbing through essentially represented the red line where rioters must be stopped at by any means necessary. An argument could be made that deadly force was justified against every rioter who stormed the Capitol building – while it is a public building, much like a military base it is identified as a secured area and applicable force may be used against anyone attempting to enter it illegally and forcefully.