According to multiple reports, investigators have preliminarily determined that the Capitol Police officer who fatally shot pro-Trump rioter Ashli Babbitt during the Jan. 6 riot should not be charged with any crimes related to her death.


What You Need To Know

  • A preliminary investigation by Washington Metropolitan Police reportedly determined that no charges should be filed against the Capitol Police officer who fatally shot pro-Trump rioter Ashli Babbitt

  • Officials, however, are cautioning that the investigation by D.C. police is not complete and that a recommendation has not yet been submitted to the Justice Department

  • Babbitt was killed when trying to climb through a barricade leading to the Speaker's Lobby during the Jan. 6 Capitol riot

  • Lethal force is considered legally justified if an officer fears serious harm to themselves or others; the officer reportedly has suggested he would argue he was protecting lawmakers

The lieutenant who shot and killed the Air Force veteran was placed on administrative leave pending the results of the investigation, which included looking into whether he violated Babbitt’s civil rights. Following what it said was routine procedure, the Justice Department had the Washington Metropolitan Police Department examine the shooting. Metropolitan Police investigators determined that no charges are warranted, reports said.

Officials, however, are cautioning that the investigation by D.C. police is not complete and that a recommendation has not yet been submitted to the Justice Department, which will make the final determination about whether to charge the officer, The New York Times reported

The officer has not been named publicly.

The Wall Street Journal was the first to report on the preliminary results of the investigation. CNN has also matched the reporting.

In a statement sent to Spectrum News on Tuesday morning, Metropolitan Police said: "It would be irresponsible to make an investigatory assumption or to jump to any conclusion without completing the thorough investigation."

Capitol Police told Spectrum News that they do not comment on ongoing investigations. The Justice Department declined to comment.

Video of the Capitol riot shows a crowd trying to force its way through a doorway leading to the Speaker’s Lobby while a single police office stood with his gun drawn on the other side. Just after the mob shattered a glass barrier, Babbitt, who was unarmed, attempted to climb through it, prompting the officer to fire his gun, striking her.

The 35-year-old San Diego woman was given immediate medical assistance and transported to a hospital, where she was pronounced dead.

In all, five people, including a Capitol Police officer, died as a result of the riot, which broke out as members of Congress convened to vote on certifying Joe Biden’s win in the Electoral College. Former President Donald Trump had falsely claimed that the election was stolen from him due to fraud. 

Lethal force is considered legally justified if an officer fears serious harm to themselves or others. The lieutenant who shot Babbitt has suggested he would argue that he was acting to protecting lawmakers, The New York Times reported, citing two people familiar with the officer’s account.

Babbitt served in the Air Force and the Air National Guard for over a decade. She identified as a Libertarian and supporter of the Second Amendment, and posted unsubstantiated allegations of fraud the 2020 presidential election on social media. 

Note: This article was updated to include the Justice Department declining to comment.