Capitol riot investigators have not recommended charges for unnamed Capitol Police officer who fatally shot rioters Ashli Babbitt during the Jan. 6 pro-Trump uprising, The Wall Street Journal and CNN reported Monday, citing sources.
The investigation was conducted by the Metropolitan Police Department of the District of Columbia, The Journal reported.
Babbitt in her driver’s license photo.
Maryland MVA / Courtesy of the Calvert County Sheriff’s Office via AP
However, there is no final decision on the matter yet and that decision rests with 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 Air National Guard, was shot dead when she tried to climb through a shattered window in the Speaker’s Lobby of the Capitol during last month’s riot.
She was taken to a hospital where she was pronounced dead.
Four others were killed in the riot, including a 42-year-old Capitol Police officer, Brian Sicknick, who was hit in the head by a rioters with a fire extinguisher. 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 bar when it comes to allegations for the officer who killed Babbitt. Prosecutors would have to prove that the officer used excessive force and intentionally violated someone’s constitutional rights.
Sources told The Journal that the officer may have acted as a last line of defense between the rioters and members of Congress, which could justify the use of deadly force.
An improvised memorial to Babbitt in Washington, DC, on January 7.
Shannon Stapleton / Reuters
The officer in question was placed on leave while an investigation into Babbitt’s death was taking place, and is expected to return to his previous status, a Capitol Police colleague told The Journal.
However, the officer fears retaliation from Trump supporters, according to The Journal.
The incident is still being investigated by the Washington Metropolitan Police, the US Attorney’s Office in Washington, DC, and prosecutors, as is common in shootings involving Capitol Police, CNN said.