Capitol riot investigators did not recommend any charges to the unidentified Capitol police officer who fatally shot the rowdy Ashli Babbitt during the January 6 pro-Trump uprising, The Wall Street Journal and CNN reported on Monday, citing sources.
The investigation was conducted by the Metropolitan Police Department of the District of Columbia, The Journal reported.
Babbitt in the driver’s license photo.
Maryland MVA / Courtesy of Calvert County Sheriff’s Office via AP
A final decision has not yet been made on the matter, however, and that decision rests with the Department of Justice.
The department did not immediately respond to a request for comment from Insider on Tuesday morning.
Babbitt, a 35-year veteran of the Air Force and the National Air Guard, was shot to death as she tried to climb a broken window into the Capitol Speaker’s Lobby during last month’s riot.
She was taken to a hospital, where she was pronounced dead.
Four other people died in the rebellion, including a 42-year-old Capitol Police officer, Brian Sicknick, who was hit in the head by a fire extinguisher by a rioter. So far, no one has been arrested in connection with Sicknick’s death.
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As The Journal noted, there would be a high barrier when it comes to any charges by the officer who killed Babbitt. Prosecutors would need to prove that the policeman used excessive force and deliberately violated someone’s constitutional rights.
Sources told the newspaper that the officer may have acted as the last line of defense between troublemakers and members of Congress, which could be a justification for the use of lethal force.
An impromptu memorial for Babbitt in Washington, DC, on January 7.
Shannon Stapleton / Reuters
The policeman in question was put on leave while an investigation into Babbitt’s death was underway, and he must return to his previous state, a fellow Capitol policeman told The Journal.
The officer, however, would be afraid of being retaliated by Trump supporters, according to The Journal.
The incident continues to be investigated by the Washington Metropolitan Police, the District Attorney in Washington, DC, and civil rights prosecutors, as is customary in shootings involving the Capitol Police, according to CNN.