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.


