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Husband of Ashli Babbitt, OB woman shot to death in Capitol riot, sues to get investigative files

Ashli Babbitt is shown in an undated driver's license photo from the Maryland Motor Vehicle Administration.
(Associated Press)

The husband of Ashli Babbitt, the Ocean Beach woman who was shot to death by a police officer during the Jan. 6 riot at the U.S. Capitol, has asked a judge to order the disclosure of records related to an investigation that determined the shooting was justified.

Babbitt was among supporters of then-President Donald Trump who stormed the Capitol trying to disrupt congressional certification of President Joe Biden’s election victory. She was fatally shot by a Capitol Police officer as she tried to breach a set of doors deep inside the building.

Ashli Babbitt, 35, was shot as she tried to enter the House chamber.

Federal prosecutors have concluded there was insufficient evidence to prove Babbitt’s civil rights were violated. Authorities said it was reasonable for the officer to believe he was firing in self-defense or in defense of members of Congress, their aides and others.

No criminal charges will be pursued against a U.S. Capitol Police officer who shot and killed an Ocean Beach woman during the January insurrection at the Capitol building in Washington, D.C., the Department of Justice announced April 14.

The District of Columbia police led the investigation into Babbitt’s shooting.

In a lawsuit filed June 1 in D.C. Superior Court, Babbitt’s husband, Aaron Babbitt, asked a judge to order the disclosure of D.C. police investigative records, including witness statements, detectives’ reports, video footage and documents with the name of the officer who fired the fatal shot. He has not been publicly identified.

Aaron Babbitt said he requested the records in April under the Freedom of Information Act and got no reply. He said the city has neither provided records nor demonstrated “that the requested records are lawfully exempt from production.”

The D.C. government has not yet responded to the lawsuit in court. An initial hearing before a judge is scheduled for Sept. 3.

Ashli Babbitt’s killing became one of the defining moments of the riot after graphic videos of the shooting spread across social media and were replayed by news outlets. In closing the investigation in mid-April, federal prosecutors in D.C. acknowledged “the tragic loss of life” and offered condolences to Babbitt’s family.


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