US Capitol police officer cleared over fatal shooting of rioter

Capitol Police says lieutenant who killed Ashli Babbitt acted lawfully

The Capitol Police announced on Monday that it had cleared a lieutenant who fatally shot a rioter inside the US Capitol during the January 6th attack, after an extensive investigation found that he acted lawfully and potentially saved lawmakers and aides from serious harm or death.

The police department's decision to formally close the case followed a determination in April by the US department of justice that charges against the officer were not warranted in the shooting death of Ashli Babbitt, a 35-year-old US air force veteran, on January 6th. Babbitt was among a throng of supporters of former president Donald Trump that began smashing its way through the entrance to the Speaker's Lobby, a hallway just off the House floor, while officers were evacuating politicians from the chamber.

According to video of the encounter, as people in the mob shattered the lobby’s glass doors, Babbitt tried to climb through a hole in the glass and a police lieutenant on the other side fired a single shot, hitting her in the left shoulder. After being taken to a hospital, she died.

“The actions of the officer in this case potentially saved members and staff from serious injury and possible death from a large crowd of rioters,” the Capitol Police said on Monday, noting politicians were just “steps away”. “If the doors were breached, the rioters would have immediate access to the House chambers,” its statement said. Babbitt was one of five people who died during the assault on the Capitol and in its immediate aftermath.


Capitol Police investigators “determined the officer’s conduct was lawful and within department policy, which says an officer may use deadly force only when the officer reasonably believes that action is in the defence of human life, including the officer’s own life, or in the defence of any person in immediate danger of serious physical injury”, the statement said.

The agency said it would not be identifying the lieutenant because the officer and the officer’s family “have been the subject of numerous credible and specific threats for actions that were taken as part of the job of all our officers: defending the Congress, members, staff and the democratic process”.

The riot on January 6th took place as Congress met to certify the results of the November 2nd presidential election, in which Democratic challenger Joe Biden defeated Mr Trump. – New York Times