After Lt. Col. Michael Byrd shot and killed Ashli Babbitt at the U.S. Capitol, her husband settled a $30 million wrongful death lawsuit against the federal government on June 6. The agreement includes a payment of $4.975 million, though additional terms weren’t immediately disclosed.
“He was afraid for his life when he shot Babbitt, but he later admitted he fired before even checking her hands or assessing her intentions,” the lawsuit claimed. Tom Fitton, president of Judicial Watch, emphasized that “this fair settlement is a historical and necessary step for justice for Ashli Babbitt’s family.”
A portion—25% of the settlement—will be placed in a trust for the potential award against Babbitt’s former lawyer, Terrell N. Roberts III, who had asked to intervene, claiming he deserved 40% of the total.
Roberts ended his relationship with Aaron Babbitt in early 2022. This led to a request for arbitration from Babbitt’s attorney, Richard Drisco.
Despite the claims from opposing media outlets, Judicial Watch handled the case pro bono relating to what it labeled as unlawful death lawsuits. The federal government has, however, remained non-committal regarding accountability, although some see the settlement as a tacit acknowledgment that Byrd employed excessive force when he shot at Babbitt from a concealed position.
The lawsuit contended that Byrd mishandled his Glock 22 and acted recklessly when he discharged his weapon into a crowded area outside the Speaker’s lobby. It also alleged that the Capitol Police neglected to supervise him adequately.
Aaron Babbitt had previously filed claims against Capitol Police in June and September 2021, reinforcing them in February 2022 and January 2023.
The suit, filed under the Federal Tort Claims Act against the federal government, described the injury caused by Byrd’s bullet, which struck Babbitt when she approached a window during the Capitol shooting on January 6, 2021.
“Video evidence shows her alive and writhing after the gunfire,” the suit stated. It highlighted that she remained conscious for several minutes post-shooting, experiencing severe pain and mental anguish.
Babbitt was unarmed
Babbitt had raised her hands and was unarmed, the lawsuit noted. Byrd claimed fear led to his actions, but the lawsuit argues he didn’t assess Babbitt before shooting, asserting she posed no threat.
The incident was highly polarizing, drawing significant backlash from various factions after January 6. Aaron Babbitt, facing harassment, reported that callers inquired about Ashli cleaning their pools.
The lawsuit, originally filed in San Diego, encountered a rapid shift to federal courts in Washington, D.C. Judicial Watch is still struggling to move the case back to California. The DOJ opted not to prosecute Byrd, stating there wasn’t enough evidence of intentional excessive force.
Byrd was promoted
A House subcommittee report detailed how Byrd’s identity was shielded for eight months post-incident, with significant sums allocated for his accommodation and a fundraising effort that amassed over $164,000 on GoFundMe.
Former Congressman Adam Kinzinger made a notable $200 donation to Byrd’s GoFundMe in November 2021. Further, plans emerged within the Capitol Police to support Byrd with memorial fund resources, potentially prioritizing him over other officers injured during the events of January 6.
Reports revealed that Byrd was slated for protective detail but failed the required background checks. Contrarily, he was promoted to captain in 2023, a decision that raised eyebrows among some politicians.
The Capitol Police cover-up regarding Byrd spans nearly 25 years, including prior incidents where he abandoned his post or misbehaved.
A 2024 report indicated Byrd had confrontations with Montgomery County police and had previously been referred for further discipline over lapses in professional conduct, including leaving his firearm in a public restroom.
While Byrd faced some disciplinary measures, there appears to be missing records related to three other cases involving him.
