Officer who shot and killed Capitol rioter Ashli Babbitt won't be charged, DOJ says

  • The Department of Justice said it will not pursue criminal charges against the police officer who fatally shot a woman participating in the Jan. 6 invasion of the U.S. Capitol.
  • The woman, 35-year-old Ashli Babbitt, was one of five people who died as a result of the invasion of the Capitol by a mob of former President Donald Trump's supporters.

The Department of Justice said Wednesday that it will not pursue criminal charges against the police officer who fatally shot a woman participating in the Jan. 6 pro-Trump invasion of the U.S. Capitol.

Law enforcement officials "determined that there is insufficient evidence to support a criminal prosecution" against the U.S. Capitol Police officer, the Justice Department said in a press release.

That determination followed a "thorough investigation" that examined video footage, eyewitness statements and physical evidence surrounding the shooting, the DOJ said.

The investigation has now been closed, the DOJ said.

The woman, 35-year-old Ashli Babbitt, was one of five people who died as a result of the invasion of the Capitol by a mob of former President Donald Trump's supporters.

Babbitt was part of the crowd that gained access to a hallway outside the Speaker's Lobby, which leads to the House chamber. She was shot once by an officer as she tried to climb through the broken glass window of a door to the lobby, which has been barricaded from the inside with furniture.

Babbitt was shot in the left shoulder and fell backward onto the floor. She was transported to Washington Hospital Center, where she died.

Officials with the Metropolitan Police Department's Internal Affairs Division told Babbitt's family earlier Wednesday that no criminal charges would be brought against the officer.

The DOJ's press release said that "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."

"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," the press release said.

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