No charges recommended for officer who shot Ashli Babbitt during Capitol riot, source says


This driver’s license photo from the Maryland Motor Vehicle Administration (MVA), provided to AP by the Calvert County Sheriff’s Office, shows Ashli Babbitt. Babbitt was fatally shot by an employee of the Capitol Police inside the U.S. Capitol building in Washington on Wednesday, Jan. 6, 2021, while the rioters were moving toward the House chamber. (Maryland MVA/Courtesy of the Calvert County Sheriff’s Office via AP)

TAMPA (WFLA) – Investigators have determined the Capitol Police officer who shot and killed Ashli Babbitt during the U.S. Capitol riot should not be charged with any crimes, a law enforcement source familiar with the investigation told NBC News.

The Wall Street Journal first reported that police investigators have recommended the officer not be charged, although the U.S. Attorney’s Office will make the final decision on the matter.

Capitol police inadvertently shot Babbit, a 35-year-old Air Force veteran during the melee, Babbitt’s social media pages contained a multitude of Trump-advanced claims and rants against targeted groups like illegal immigrants.

Babbitt, whose death was caught on video, was also a proponent of the QAnon conspiracy theory and a fierce advocate for Trump against detractors.

The officer, who has not been identified by Capitol Police or investigators, “used clear appropriate use of force. It’s not even a close call,” said the officer’s lawyer, Mark E. Schamel.

The broken doors and a few officers were the only things separating the mob from members of Congress, Schamel stressed. “I think it’s his heroism and his restraint that saved lives,” Schamel told NBC News.

A spokesperson for the Capitol Police said the department does not comment on ongoing investigations.

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