U.S. News

Capitol Police officer not charged in fatal shooting of rioter

By Danielle Haynes   |   April 14, 2021 at 3:13 PM
Capitol Hill police salute the passing of the funeral hearse on Sunday for slain Officer Brian Sicknick, who died in the rioting at the U.S. Capitol on Wednesday. Photo by Mike Theiler/UPI Members of the Delaware National Guard provide security at newly erected barricades on the U.S. Capitol grounds. Photo by Mike Theiler/UPI National Guard troops stand guard across from the U.S. Capitol. Photo by Ken Cedeno/UPI. A CBS live footage is seen on a monitor inside a satellite truck as networks are broadcasting on the east end of the U.S Capitol on Friday, two days after Pro-Trump mobs breached the security perimeter and penetrated the U.S. Capitol. Photo by Ken Cedeno/UPI Patty Raine places roses in the security fence that wraps around the U.S. Capitol. Photo by Ken Cedeno/UPI Maryland National Guard officers protect the Senate Russell Office Building as security is increased for the upcoming inauguration of President-elect Joe Biden and Vice President-elect Kamala Harris. Photo by Ken Cedeno/UPI. The Supreme Court is seen through a broken window of the East entrance to the U.S. Capitol. Photo by Ken Cedeno/UPI Workers clean the halls near the Senate Chamber. Photo by Ken Cedeno/UPI A trash bin is filled with items left behind by the mob. Photo by Ken Cedeno/UPI Powder remnants from tear gas, pepper spray and fire extinguisher is seen on a desk of telephones. Photo by Ken Cedeno/UPI U.S. Capitol police are seen through a broken door window outside the East entrance. Photo by Ken Cedeno/UPI A discarded gas mask is seen early Thursday on the Capitol floor. Photo by Kevin Dietsch/UPI A Capitol Police officer is seen guarding the entrance to the office of Speaker of the House Nancy Pelosi, D-Calif. On Wednesday, protesters were seen sitting at her desk. Photo by Ken Cedeno/UPI Damage is seen on the door windows for the East entrance to the U.S. Capitol. Photo by Ken Cedeno/UPI A U.S. Capitol employee cleans up glass from a broken window. Photo by Ken Cedeno/UPI A cleaning crew works at vacuuming powder remnants of tear gas, pepper spray and fire extinguishers at one of the entrances. Photo by Ken Cedeno/UPI Officers walk by as powder remnants of tear gas, pepper spray and fire extinguishers are seen on the floor of the U.S. Capitol. Photo by Ken Cedeno/UPI A statue of President Zachary Taylor is covered with plastic obscuring a red substance on the face. Photo by Ken Cedeno/UPI Damage to a door in the U.S. Capitol is seen after an attempt to break in. Photo by Ken Cedeno/UPI The rioters broke through several levels of security, smashing windows and doors as they stormed the Capitol and occupied both congressional chambers. Photo by Kevin Dietsch/UPI After the building was cleared, Congress reconvened their joint session to certify Biden's victory. Photo by Kevin Dietsch/UPI "Traitors" is scrawled on the door of the Old Supreme Court Chamber. Photo by Ken Cedeno/UPI Damage is seen on the door windows for the East entrance to the U.S. Capitol. Photo by Ken Cedeno/UPI A Holy Bible is seen on the floor of the Capitol. Photo by Ken Cedeno/UPI A 35-year-old female Air Force veteran was shot and killed by police during the siege. Photo by Ken Cedeno/UPI A "Don't Tread on Me Flag" is seen in a trash can. Photo by Kevin Dietsch/UPI

April 14 (UPI) -- The Justice Department announced Wednesday it won't charge the Capitol Police officer who shot and killed Ashli Babbitt, a woman involved in the Jan. 6 breach of the U.S. Capitol.

The U.S. Attorney's Office for the District of Columbia and the Justice Department's Civil Rights Division closed the case after a "thorough investigation," a release from the department said.

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Babbitt, a 35-year-old Air Force veteran from Ocean Beach, Calif., died after she was shot while participating in the mob of the Capitol. Thousands of people loyal to former President Donald Trump pushed past police barriers around the building and broke windows to enter.

Video footage from the scene appears to show Babbit among a group of people attempting to climb through a broken glass door when an officer opened fire, hitting her in the left shoulder.

An emergency response team rendered aid to Babbitt and transported her to Washington Hospital Center, where she died.

The Justice Department said investigators examined video footage from the scene, interviewed officers involved and witnesses, and examined evidence and autopsy results to determine there wasn't enough evidence to support a criminal prosecution of the officer who opened fire.

"The investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber," the Justice Department release said.

"Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt's family, the U.S. Attorney's Office and U.S. Department of Justice have therefore closed the investigation into this matter."

Babbitt served multiple tours in the Middle East as a member of the Air Force, family members said. She was the owner of a pool service and supply business along with her husband, Aaron, according to her Facebook page.

Her Twitter feed included several posts praising Trump and images of her at pro-Trump rallies.

In one of her final posts, she wrote, "Nothing will stop us ... they can try and try and try but the storm is here and it is descending upon DC in less than 24 hours ... dark to light!"

Four other people died in the Jan. 6 attack, including Capitol Police officer Brian Sicknick.