The latest installment in the killing of Ashli Babbitt
The wheels of justice are grinding very very slow.
Questions linger over the shooting, especially whether the officer who fired the fatal shot warned Babbitt to stop before he opened fire as she attempted to breach a barricaded door inside the Capitol Building.
The officer’s lawyer insists his client not only issued such a command, but did so loudly and clearly. However, in an interview with RealClearInvestigations, Babbitt family attorney Terry Roberts said he has gathered evidence indicating the officer, a plainclothes police lieutenant, remained silent. Far from warning Babbitt he would shoot, Roberts said the officer “ambushed” her from the side where she could not see he had taken up position in a hall doorway and had trained his weapon on her.
“It’s not debatable,” said Roberts. “There was no warning.”
It’s certainly debatable as far as the public is concerned, because we haven’t seen the many surveillance videos that undoubtedly exist.
More:
More than six months after the shooting, the U.S. Capitol Police still refuse to release the name of the officer. But several sources have identified him as Lt. Michael L. Byrd, a 53-year-old veteran of the force who was serving as commander of the House Chamber Section of the Capitol Police on Jan. 6. He has not returned to duty and remains on paid administrative leave. Attempts to reach Byrd were unsuccessful.
(I already wrote about Byrd in this post.)
Babbitt’s family is planning a wrongful death suit, and Roberts is their lawyer. He adds this:
Roberts said he has interviewed several witnesses who were standing outside the Speaker’s Lobby with Babbitt, and that they’ll testify they did not hear the officer issue “any kind of warning.”
He also said video recordings his investigators have analyzed reveal that other police who were in the hallway with the officer did not react as expected before he fired. He said they seemed to be caught unaware as he opened fire. Roberts said he has lined up expert witnesses, including ex-cops and use-of-force experts, who will testify that the officers behind him in the Speaker’s Lobby would have taken cover or crouched and pulled their own weapons if they heard the lieutenant give repeated warnings he was going to shoot. Instead, Roberts said, they appeared to be casually standing or walking around in the lobby in the seconds leading up to the shooting.
“Those other officers were within earshot. If he’s yelling, they certainly aren’t showing any reaction to it,” he said. “If he was giving any kind of warning, why didn’t they react?” Roberts added that no warnings can be heard coming from the officer in any videos taken at the scene.
The officer’s lawyer, Mark Schamel, insists his client issued verbal commands and warnings to Babbitt. “He was screaming, ‘Stay back! Stay back! Don’t come in here!” Schamel said.
Schamel said witness statements back him up. He explained the lieutenant’s commands were not picked up on video recordings because the footage was shot on the other side of the doors where dozens of rioters were shouting and banging and drowning out his words. And he said his client could not be seen yelling out the instructions because his mouth was covered by a mask he wore as part of COVID-19 protections.
One thing is pretty obvious: if he gave such a warning, there was no reason to suppose that Ashli Babbitt would or could have heard it.
And this is interesting as well:
“I’m not sure how he was justified shooting her when there was a SWAT team right behind her,” added a veteran Capitol officer, referring to three heavily armed USCP officers who had positioned themselves between the doors and the mob. “They saw no immediate threat.” The officer spoke on the condition of anonymity to discuss a sensitive matter. A Capitol Police spokeswoman would not say if the officer’s actions were consistent with use-of-force policies, which are not publicly available. In a statement released earlier this month, however, USCP noted that it is “increasing its use-of-force … training.”
I’m going to hazard a guess and say it was inconsistent with their use-of-force guidelines, because if it had been consistent I think we would have heard a lot more about that.
The Capitol Police is not a force trained in riot-control techniques. That was abundantly clear on January 6th, and seems to be a glaring error because – especially in the wake of the leftist riots of 2020 – it is clear that a riot is a definite possibility. It doesn’t take a giant amount of prescience to realize that. But apparently no one did:
“This is not meant pejoratively but just as a fact, but the [Capitol Police] is far from being some kind of elite law enforcement body,” the inspector general said, speaking on condition of anonymity. “Its principal function is to assist tourists, maintain decorum in a tourist environment, and help out members of Congress and their staffs.”
That would explain why so many of the January 6th demonstrators were indeed treated like tourists and ushered into the Capitol. And then the vast majority of them behaved like tourists. But they’re being treated like criminals.
The article goes on to discuss the violations of trigger discipline by the shooter that are visible in the videos, for example:
“His trigger finger shouldn’t be inside the trigger guard and the gun shouldn’t be pointed at other officers. He’s even pointing it in the direction of a member of Congress,” the fellow officer said, referring to Rep. Markwayne Mullin (R-Okla.), a former professional mixed-martial-arts fighter who had joined the scrum in front of the chamber doors.
“I can’t tell you how many officers have contacted me to say that what that guy did doesn’t pass muster,” Roberts said in an extensive interview. “No one has come forward to say this was justified homicide, not even the Justice Department.”
I’m going to assume that we’ll learn more as this lawsuit progresses.
I have a Bernie bro cousin in Alliance, Ohio who was appalled at that video. To date, he’s the only Democratic voter I’ve encountered that objects to what happened.
We know perfectly well that the courts and prosecutors offices are political weapons and this is the reason Derek Chauvin is in prison and Michael Byrd is collecting his salary at home. The question you ask partisan Democrats is why they should expect to be immune from anyone’s discretion having corrupted the legal system this way.
Various sleuths on the internet have proven the identity of the shooter beyond any reasonable doubt, and it is the same man who once left behind a loaded weapon in a restroom in the Capitol. Meanwhile, members of Congress (including the majority of Republicans) have been awarding medals to the “heroic” officers who fought off the “domestic terrorists/insurrectionists” supposedly attempting a coup, as well as listening, with few objections, to the histrionic fabrications of carefully-selected members of the force, not to mention voting for vastly increasing the funding of the Capitol police. Only a small number of Republican seem to care at all about the murder of Ashli or about those unfortunates still languishing in dismal conditions in DC’s “American Guantanamo.”
Ultimately, the facts matter very little. Forensic evidence, expert testimony, eyewitness accounts…all are of minimal importance. What matters is:
1. In what jurisdiction will the trial occur?
2. Who will the presiding judge be?
3. What will the socio-political makeup of the jury be?
Only a small numbers of Republicans seem to care about the murder of Ashli or about those unfortunates still languishing in dismal conditions in DC’s “American Guantanamo.”
Note, the Republican congressional caucus consists of (1) tools who have kept Bit*h McConnell in charge of the Senate Republican caucus for 14 years and (2) tools who put Kevin McCarthy, who has been on the payroll of legislative bodies since 1987 and has almost no employment history apart from that, in charge of the House Republican caucus. The tools in question do not care about Ashli’s family or the trespassers in preventive detentions because these people aren’t campaign donors (nor are they a part of the Krack Kampaign Konsultant grift industry).
I didn’t even need to follow the link to figure out the Lieutenant was likely an affirmative action hire. The link merely confirmed my suspicion.
I read that four members of the Capitol police force have now taken their own lives since January 6. I’m assuming that all four were present on the day of the “insurrection”. Am I correct in thinking that there has been a far smaller percentage of suicides among the law enforcement officers who were tasked with confronting the mayhem last summer in major cities? I wonder because the latter faced, as far as I can tell, far more hostility and danger, night after night, and received far less support from their own elected civic leaders.
Watched a video of the murder a few times a week after it happened, it has to be a big foul up or a out right murder to hopefully start a real riot, I see no other outcome. Now not seeing it for 6 months but recollect no one was clearing away and even after it it wasn’t a run away. Police in uniform were all in very close proximity of Ashlii and even if she was his target down range we dozens of civilians and police.
“It’s certainly debatable as far as the public is concerned, because we haven’t seen the many surveillance videos that undoubtedly exist.” neo
I’ve seen the video that clearly shows Bryd pointing his pistol at Babbitt, waiting as she pulls herself up and puts her head and shoulders through the broken window. I can’t recall if he was wearing a mask but if he did issue a warning, it was very quietly. Nor did he aim at center body mass as virtually all training today instructs. Where he aimed from just 5-7 ft away was clearly meant to kill her.
Art Deco,
“The question you ask partisan Democrats is why they should expect to be immune from anyone’s discretion having corrupted the legal system this way.”
Whether consciously or unconsciously, they subscribe to the notion that might makes right and that they’re never going to be held to account. That’s the default position of all ideologues and fools.
“The tools in question do not care about Ashli’s family or the trespassers in preventive detentions because…”
They’re collaborators and deserve the fate of all who collaborate with totalitarian regimes.
Ackler has the right of it.
OlderandWheezier,
I don’t know if that’s the case or not. And obviously suicide proceeds from despair. I do wonder if guilt was a factor in any of those suicides? Some of the Capitol Police have to have a pretty good sense of what really went down behind the scenes that day and at least some of them have to not be with the left.
“I can’t recall if he was wearing a mask…’
In the split second before he fires, he steps forward into camera view and clearly has something black covering his face below the eyes.
Plus.
If you are going to issue a warning to people you have to get their attention first and hiding in an alcove isn’t the way to do it.
In the Clinton years suicides, like are occurring with the Capital Police, would arouse speculation that they were “suicides” of people who knew too much and couldn’t be trusted to stay quiet.
But that was the crazy 90s with militias and rightwing nutjobs running around the airwaves.
I read that four members of the Capitol police force have now taken their own lives since January 6. I’m assuming that all four were present on the day of the “insurrection”. Am I correct in thinking that there has been a far smaller percentage of suicides among the law enforcement officers who were tasked with confronting the mayhem last summer in major cities? I wonder because the latter faced, as far as I can tell, far more hostility and danger, night after night, and received far less support from their own elected civic leaders.
Three on the Metropolitan Police force, one on the Capitol Police. Supposedly they were all there that day. (My guess would be it’s a random cluster and the antecedents were whatever was going on in their lives).
Neo: “The Capitol Police is not a force trained in riot-control techniques. That was abundantly clear on January 6th, and seems to be a glaring error because – especially in the wake of the leftist riots of 2020 – it is clear that a riot is a definite possibility.”
The videos I have seen bear that out. They were poorly led, badly equipped, and unorganized. I have watched many videos of Seattle police controlling rioters. If allowed to do their jobs, they are superbly trained and do an effective job. The SPD is organized, well led, properly equipped, and uses effective tactics. In 2020, they were not allowed to stop the riots – only to contain them. (Orders from the mayor.)And the rioters weren’t prosecuted for the most part. Result: the riots went on and on.
Had the Capitol police been trained and led properly, they could have repelled the incursion – probably with some difficulty. . Had the National Guard been used, to back up the Capitol police. the incursion would have been a small ruckus with several rioters taken into custody that day.
The security preparations for that day were botched by whoever controls the Capitol police. And that is, I am told, none other than Nancy Pelosi (D -CA) Was it intentional? IMO, yes.
I can only hope the civil suit gets some discovery. With a DC jury, there is no chance of any compensation.
The suicide rate for YTD 2021 is 1.05 per thousand for CHP officers.
The annual corresponding age/sex-adjusted rate (pre-covid) for the general population is 0.14/k; the National rate for police is 0.17/k.
So if there are no more suicides among CHP officers for the rest of the year, then the 2021 rate will be about 6 times higher than the National rate.
I’ve heard that all of the CHP suicides this year were working on 1/6/21. I don’t know if that is true.
I think they are hoping it will all go away, and that they can stonewall releasing the evidentiary video. The other part to this saga is the steadily crumbling felony cases the FBI and DOJ have been pursuing against the Jan 6th protestors. The judges have been firm at setting the docket calendar, and this is causing panic and plea deals, forgoing felonies for time-served misdemeanors.
Shipwreckedcrew has had a couple of very interesting stories on substack about this, it’s apparently highly unusual for the DOJ to make these moves. Again, the release of the evidentiary video is being stonewalled as if it were a hard thing to produce, in this, one of the most highly surveilled buildings in the world.
The Process is the Punishment was the opening strategy for the treatment of Jan 6th Protestors, but I get the feeling that the Embarrassment is beginning to outweigh the Outrage. I think the DOJ / FBI really, really wanted to drag out the detention and the court cases so that they could extend and maximize the effects on 2022 election campaigning. That part ain’t pannin’ out, either, in terms of the Public Sentiment.
May have said it before; some folks who think even murder shouldn’t be a capital crime evince a drooling, bloodthirsty satisfaction at this killing.
Wonder if they know what they look like.
@Richard Aubrey:
Nailed it.
*puts on fashionable Mimesis hat*
A healthy functioning society cannot exist without regular propitiatory blood sacrifices.
These sacrifices can either be ritual and limited in time and space plus be in the service of Justice or they can be random, emergent, and arbitrary.
Humans living together don’t get to choose C, None of the Above.
I’ll take Menu Item A, please.
“Was it intentional?”
Would seem that clearly, the correlative of “Never let a crisis go to waste” is:
“Create a crisis whenever politically necessary.”
Which is clearly the MO of the “Biden” administration (as well as a myriad of Democratic Party operatives—and operations—over the past 20 odd years…though certainly not limited, historically, to the Democratic Party).
In fact the Democrats have made it an art form….though one’s level of admiration may vary…(to be sure, “Deplorables” are renowned—just ask all the right people–for having a very limited, undeveloped, boorish sense of art appreciation…)
“…it’s apparently highly unusual for the DOJ to make these moves…”
About as unusual as it is for the FBI to suborn the FISA court?
About as unusual as it is for a lame duck presidential candidate (and his “court”) to weaponize the DOJ in order to take down his elected successor?
About as unusual as it is for a special counsel to drag out a specious investigation based on an elaborately crafted, fraudulent frame-up (initiated by lame duck presidential candidate—see above)?
About as unusual as it is for the House Majority to theatrically launch several spurious impeachment attempts based on false information (see above) so as to hog-tie a sitting president (and one who, officially, became lame duck)?
About as unusual as it is to steal an election?
About as unusual as it is to foment a exacerbate a pandemic with the intention of stealing an election?
About as unusual as it is to enlist info-tech to censor those a Democratic Party administration fears?
About as unusual as it is to squelch any information regarding the profound corruption of a Party’s political candidate (and family)?
For starters….
(Curious minds, etc….)
Three on the Metropolitan Police force, one on the Capitol Police. Supposedly they were all there that day.
Thank you, Art.
Characterizing the Capitol security and tourist assist agency as “Police” is to insult the real police officers across the nation who for months confronted angry and dangerous mobs who committed arson, looted and who killed people and at the same time those police agencies continued to provide police services within their jurisdiction for the average everyday citizens they serve. The real police deal with threatened and actual violence on a daily basis and deal with big angry mobs all to frequently. When asked, most give some version of “just another day at the office”.
Word to the wise: promotion is not necessarily an indicator of great job skills. They are based on test scores and interviews by hand-picked boards.
Just the one video that has been out from the beginning indicates to anyone familiar with Supreme Court precedent [Graham v. Connor (Sup Ct. Use of Force) and Tennessee v. Garner (Sup Ct. Use of Deadly Force)] and police tactics that this shooting constitutes excessive force and a civil rights violation under 42 USC 1983. The one fact I find determinative is that there are what appear to be heavily armed Swat officers, and several of them at that, coming up behind her before the shot is fired and it appears from the video that these officers were in the line of sight of the shooter. This was not a deadly force situation where an apparently unarmed subject can be physically overwhelmed by swarming. And tactically you don’t shoot in the direction of several officers running up behind a subject who appears to be unarmed. This officer panicked and was not properly trained for this scenario for sure. Whether this officer violated policy is completely and totally irrelevant to whether he violated 42 USC 1983. This is a cover up of major proportions for political purposes by a party that never wastes an effort to vilify police when it serves them. And our RINOs in the GOP appear to be all too ready to go along, as usual.
I am not so sanguine about more information coming out as the lawsuit progresses. The left will play the national security card to prevent the suit going forward.
Remember Ashli Babbitt!
It is plain to me that the officer who shot Ashli Babbitt panicked. That he did not follow gun protocols and discipline tell me he is incompetent and inexperienced – both of which would have fueled his panic.
This is an attempt to cover for him. One very disgusting part of that effort is the vilification and insulting of the real victim, Ashli Babbitt.
I was told by clowns in action disinfo that qanon killef ashley. Wonder where that narrative went.
Follow QAnon and see where it leads you. QAnon kills. Ashli Babbit RIP. You’ve got your big shoes, orange hair, and round red nose on today it seems.
Do you still have Georgia covered?
They need to provide every minute of video from all security cameras in the public area of the Capitol from 15 minutes prior to the start of problems to 15 minutes after the end of the incident.
Pam,
From my study of the videos available in public, it looks like the shooter fired from left to right across the doorway, not through the doorway in the direction of the civilians and police on the near side. So nobody else was in the line of fire.
Regardless of that nitpick, it certainly looked like there was no warning and that it was a deliberate shooting; in no way accidental.
The riot-equipped officers on the near side (I’m not going to call them a “SWAT team”) were just milling around and doing nothing to control the situation, move the protestors away from the doorway, or anything in particular.
What I really want to know is why they did nothing to medically assist Babbit after she fell back into the hallway. They made a show of kneeling by her and shooing away protestors, but did nothing but watch her bleed out. I suspect she was as good as dead already, but it galls me that they didn’t even put pressure on the wound.
Bryan,
The angle was not completely left to right but slightly, 10-15 degrees?, toward the door frame. Be that as it may there were others present close by and a miss, a through & through, or a bone hit could have bounced the shot into the others there.
Summary execution, termination with extreme prejudice, wet work.
Ashli Babbitt RIP.
And, apparently, Byrd reports to the Speaker.
@Barry Meislin, not sure of your point. Your list is one of things they have done that represent activities that are against the rules, where they have been called out and even called to account.
Accepting a misdemeanor for ‘parading’ instead of the felony they charged: How is that similar? Not seeing it. Accepting this is a defeat, and one they are likely to continue repeating as more cases come due. This is the DOJ, looking to all like incompetents that have gotten ahead of themselves by overcharging cases they cannot prosecute. How is that similar to the underhanded activities you listed? Sorry if I’m being dense….
Just follow the politics. Check social media and previous actions and utterance of this guy. How dare he disobey President-to-be Biden and not shoot at the legs.
There’s really no conflict between,
“would have taken cover or crouched and pulled their own weapons if they heard the lieutenant give repeated warnings he was going to shoot. ”
and
“…his client issued verbal commands and warnings to Babbitt. “He was screaming, ‘Stay back! Stay back! Don’t come in here!” ”
The shooter’s defense is going to be that shooting is justified for trespassing… in this case… because holy high seat of government or something. He didn’t say “Stop or I’ll shoot”.
Second degree murder, because it’ll be hard to prove premeditation.
Mike K on August 5, 2021 at 8:27 pm said:
“I can only hope the civil suit gets some discovery. With a DC jury, there is no chance of any compensation.”
There’s a chance, but I don’t know whether the judge would go along:
Voir Dire every federal employee or relative of same off the jury. If someone is suing General Motors, no GM employee would be seated on the jury.
That would move the jury pool down to maybe 70% D vs 95%.
No English Wikipedia page for Ashli, but strangely enough, Romanian:
https://ro.wikipedia.org/wiki/Ashli_%E2%80%8B%E2%80%8BBabbitt
Ditto Eric Ciaramella.
Mention this on FB for a free 30 day vacation.
@ Cappy – she’s buried [sic] in this entry.
https://en.wikipedia.org/wiki/Law_enforcement_response_to_the_2021_United_States_Capitol_attack#Shooting_of_Ashli_Babbitt
“The page “Eric ciamarella” does not exist. You can ask for it to be created.
There were no results matching the query.”