Husband of deceased Jan. 6 rioter Ashli Babbitt files wrongful death suit against government

The husband of deceased Jan. 6 rioter Ashli Babbitt has filed a wrongful death lawsuit against the U.S. government for $30 million, according to court records released Friday.

Attorneys with Judicial Watch, a conservative legal activist group, filed the suit in California federal court on behalf of Aaron Babbitt and his estate for wrongful death, and assault and battery. 

His wife was shot and killed by law enforcement during the Jan. 6, 2021, attack on the Capitol when she tried to climb through a barricaded door near the House chamber.

The suit alleges that Capitol Police Lt. Michael Byrd was negligent when he fired at Babbitt, a supporter of former President Trump.

“The facts speak truth. Ashli was ambushed when she was shot by Lt. Byrd,” the attorneys wrote, arguing that she traveled to Washington, D.C., only to attend Trump’s rally.

“Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose,” they wrote, claiming Babbitt, an Air Force veteran, “posed no threat to the safety of anyone.”

The attorneys also accused Byrd of violating standards for care governing the safe use of a firearm, use of force and imminent threat assessment.

Furthermore, the suit said that at the time of the shooting, Byrd was not in uniform, did not identify himself as an officer and failed to provide Babbitt with “any warnings or commands” before shooting.

In an interview following the incident, Byrd said he believes he helped to save “countless lives” that day and doesn’t doubt that he made the right decision. He was later exonerated.

“I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger,” he told NBC News following the incident, defending his actions. “And that’s my job.”

The Hill reached out to Capitol Police for comment.