Image 01 Image 03

Prosecutors Will Not Charge Capitol Police Officer in Death of Ashli Babbitt

Prosecutors Will Not Charge Capitol Police Officer in Death of Ashli Babbitt

An investigation found “that there is insufficient evidence to support a criminal prosecution.”

The Capitol Police officer who allegedly shot and killed Ashli Babbitt during the January 6 riot will not face charges:

An investigation conducted by the U.S. Attorney’s Office for the District of Columbia determined “that there is insufficient evidence to support a criminal prosecution,” the department said in a statement.

Authorities had considered for months whether criminal charges were appropriate for the Capitol Police officer who fatally shot Ashli Babbitt, 35, an Air Force veteran from San Diego. The Justice Department’s decision, though expected, officially closes out the investigation.

Prosecutors said they had reviewed video of the shooting, along with statements from the officer involved and other officers and witnesses, examined physical evidence from the scene and reviewed the autopsy results.

Babbitt is one of five people who died in or outside the Capitol on Jan. 6, including a police officer. Three other people died of medical emergencies.


Donations tax deductible
to the full extent allowed by law.


No surprise here!

Shooting unarmed white people is perfectly acceptable. Extra points if they are Trump supporters.

No warning shot. Deadly force vs unarmed protestor.

I guess Ashli Babbit’s problem is she had the wrong skin color and supported wrong political party.

In Minnesota they want to prosecute the officer although it’s obvious she made a mistake when using a gun instead of a taser. This officer knew he was using a gun – but he gets a pass.

    henrybowman in reply to Ben Kent. | April 14, 2021 at 2:28 pm

    It’s a big club, and you ain’t in it.

    Those who want justice should recall what happened when the right tried to work within the system to achieve justice in the matter of Lon Horiuchi.

    Although justice is no longer listed on the menu, certain of our cooks will still make it for you.

    “Warning shot”?

    Or is that a typo for “warning shout”? As in, “Police! Stop! Get on the ground!”

    NavyMustang in reply to Ben Kent. | April 14, 2021 at 3:38 pm

    Warning shots are not a thing in law enforcement. Just not done.

      And a civilian can be charged — anything from discharging a firearm in city limits to reckless endangerment to assault with a deadly weapon, depending on circumstances.

Looked like premeditated murder to me. She was walking through a broken window, the fellow who broke the window preceded her and calmly walked past the capital police officer who shot her. Today the NYT reported that Pelosi had the Capital Police stand down.

Just shooting to save their “precious temple of democracy”. The shooter advance toward the woman before pulling the trigger. … No name…no regrets… no apology… very progressive don’t you think.

Yet, a poorly trained, inexperienced, affirmative action hire at a defunded police department somewhere in Minnesota shoots, ‘by accident,’ a man resisting arrest, and within days, that officer is charged with 2nd degree murder.

Bonus: that city’s manager was fired today for publicly stating that officer is entitled to due process.

    Milhouse in reply to LB1901. | April 14, 2021 at 5:04 pm

    Yet, a poorly trained, inexperienced, affirmative action hire

    Hardly. She’d been on the job for 26 years.

      The Friendly Grizzly in reply to Milhouse. | April 14, 2021 at 6:06 pm

      All the more reason for her to know what she is doing.

      Andy in reply to Milhouse. | April 14, 2021 at 6:11 pm

      She’s not the first and won’t be the last to reach for taser and come back with gun. Still at 26 years… ooof.

      Smarter than me have decided to make the less lethal tool in the same form factor as the lethal tool. Geeze- why not just put morphine in the same shape and similar bottles as baby aspirin. Has any cop in history ever reached for OC spray and come back with their firearm?

      MattMusson in reply to Milhouse. | April 15, 2021 at 8:06 am

      Has anybody else noticed that the latest unarmed black man was shot by a WOMAN?
      And, the black soldier stopped by Virginia Police was maced by an HISPANIC Officer?

      Non-White Male Officers are being charged with racist law enforcement.

…“that there is insufficient evidence to support a criminal prosecution,”

Another precedent-setting legal victory for the progressive left. Are we to presume this decision means that under the biased and corrupt DOJ, a Trump supporter can be shot and killed in cold blood, and the police officer will not be prosecuted?

What if Ashli Babbitt had been of another race, black, for example. What then? I think we know the answer.

    henrybowman in reply to Ghostrider. | April 14, 2021 at 2:31 pm

    Insufficient evidence. Like Hillary, Comey, Strzok, Page, Hunter, Omar.

    You know, evidence — that stuff that a jury is supposed to weigh and decide as to whether it is sufficient or insufficient.

      CDR D in reply to henrybowman. | April 14, 2021 at 5:25 pm

      If anyone has any doubt that we are living with a two-tiered justice system in this country, they need to get their heads out of the sand. I don’t know how long it can endure without devolving into something horrible that no one really wants. Continuing down this road is how you destroy republics and get Caesar.

If the officers actions in this instance are a ‘justifiable use of deadly force’ then they should state that opinion loudly and in full hearing of the American Public.

This officer discharged his weapon into crowd. Now either it was aimed fire at a point target, the victim or he fired blindly into the crowd, an area target. No way the capital PD use of force policy says to use deadly force in those circumstances. No way.

Especially as multiple other officers were present, very near the victim, who were in position to make tactical decisions to allow the the crowd to proceed or not.

2smartforlibs | April 14, 2021 at 2:30 pm

This is the first case of no due process. Let the real riots begin.

…“that there is insufficient evidence to support a criminal prosecution,”

Seams Iv’e heard that before.

“Although there is evidence of potential violations regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case,”

“If we charge him, people will find out who he is. So, no charges.”

    The Friendly Grizzly in reply to McGehee. | April 14, 2021 at 4:10 pm

    I sincerely hope he is identified. Then, see what happens.

      Extra judicial killing for the win.

        The Friendly Grizzly in reply to Grey_Man. | April 15, 2021 at 8:18 am

        I wanted to say that, but thought my remark would be censored, even here. Back when I lived in Portland Oregon’s North sector, we called it street justice. There was a local cop playing sexual games with some of the girls at Roosevelt High. He had a little encounter with the school football team one night. It was not pretty, but, the problem stopped.

What is the name of the killer?

harleycowboy | April 14, 2021 at 2:57 pm

A civil wrongful death suit won’t end up the same way.

    TargaGTS in reply to harleycowboy. | April 14, 2021 at 3:44 pm

    A wrongful death civil suit filed in the District of Columbia is going nowhere. The city voted for Biden 92-5. It may be the most liberal city in the country. In comparison, ‘only’ 85% of San Francisco voted for Biden.

      CountMontyC in reply to TargaGTS. | April 14, 2021 at 5:49 pm

      I suspect that the Capitol police department would settle before it ever went to jury with the proviso that the details be kept secret.

    If it’s a DC jury, it will

That was an unnecessary shooting if I’ve ever seen one, and this time someone without outstanding arrest warrants or previous jail time. This is every bit as bad, and actually worse, than the ones being protested on the nightly news with the burning, looting and shooting.

Of course not, he was defending the trenches behind the barb wire, out of claymores it was do or die to stop the hordes from taking over the government with their selfie cameras.

Real American | April 14, 2021 at 3:42 pm

we’re supposed to riot now, right? That’s how it works.

    The Friendly Grizzly in reply to Real American. | April 14, 2021 at 4:21 pm

    The cop got away with it because whites will not riot. They will say nothing. A few will still defend cops because they are cops.

    I’m sure some see Lon Horiuchi as a hero.

    sitting on our hands has gotten us a stolen election and a dead protester

    henrybowman in reply to Real American. | April 15, 2021 at 2:26 am

    No. We save them all up until there is a “LONG train of abuses and usurpations.” Then we assemble, bypass all the AutoZones and CellOne storefronts, and concentrate on the Targets that matter. That’s the way us wypipo do it.
    And when we decide to do it, look out Big Club.

American Human | April 14, 2021 at 3:42 pm

Well it’s a good thing Pelosi wasn’t there at the time. She would have pulled off her shoe and swatted Ms. Babbitt a good one with the heel. Everyone would have run screaming in fear, or so she says.

Mary Chastain in your article you made a glaring error:

“ Babbitt is one of five people who died in or outside the Capitol on Jan. 6, including a police officer. Three other people died of medical emergencies.”

The police officer died more than 24 hours later in his office of an medical situation, not in or outside the Capital on January 6th. Please correct, there is enough misinformation about this case already. Thanks.

The Friendly Grizzly | April 14, 2021 at 3:55 pm

An investigation found “that there is insufficient evidence to support a criminal prosecution.”

So. Babbitt was white?

The Friendly Grizzly | April 14, 2021 at 4:01 pm

I can hardly wait to see the Jack Dunphey article explaining and yes-but-ing this one away.

I just hope her family files a wrongful death civil action against the cop and everybody involved. And I hope they make the discovery information public. Any bets on how quickly they’ll try to settle?

Let me get this straight. Officer Potter accidentally, by all accounts, shoots a suspect who is resisting arrest and trying to escape instead of using her taser, and she gets charged with second-degree manslaughter. But the Capitol Police officer who intentionally shot and killed an unarmed, non-threatening woman carrying a camera, and is caught on video doing it, gets a few days of paid vacation. Who says there’s not a multi-tiered systems of “Justice?”

We don’t even know his name.

Anyone doubt we’d know his name if Ashli was black? …was BLM? …was antifa?

Anyone doubt charges would be forthcoming? That he’d be charged whether the prosecutors thought they could prevail or not?

Me neither.

Ashli was a member of the wrong political movement and the wrong race. She was not a member of a politically protected class. Of the people who are subject to a different set of laws and a different system of justice.

Surprise surprise surprise

She was only a military veteran

    The Friendly Grizzly in reply to gonzotx. | April 14, 2021 at 6:11 pm

    Not a good boy who was turning his life around.

    The media will run no kindergarten graduation photos or home movies of her.

Antifundamentalist | April 14, 2021 at 6:33 pm

If this were a liberal crawling through through a vandalized window in any other trespassing situation, I’d say the shooting was justified, no question. I’m not one for double standards. Tragic consequences to poor judgement.

texansamurai | April 14, 2021 at 6:52 pm

An investigation found “that there is insufficient evidence to support a criminal prosecution.”

so this officer shoots and kills our unarmed countryman, who poses no threat to the officer, and does it live on film and there is “insufficient evidence?”

he damn sure better go into hiding

The facts are that unarmed people were entering the Capitol. They were not threatening nor attacking anybody inside the building, nor was there any actual threat to the officer. The officer had time to assess the situation, draw his firearm and shoot Babbitt in the neck.

Sounds more deliberate than the shooting of Daunte Wright.
Sounds more deliberate than the death of St. Fentanyl (George Floyd).

    Antifundamentalist in reply to Tom Morrow. | April 15, 2021 at 9:05 pm

    The Facts are that while many unarmed people were entering the Capitol, this particular group of “unarmed” people were using sticks to break down locked and barricaded doors. That makes them “people armed with clubs.” They had just told the outside guards to leave or they would get hurt. Those guards moved out of the way under credible threat of violence. Looked like she was actively trying to climb through that broken window when she was shot. She became a credible threat as soon as she started coming through, and those guards had a duty to stop her. No different than “unarmed” rioters in breaking down the doors at Target, except that there were congress critters on the other side of these doors. She made a bad decision, and it got her killed. Not the officers fault that he was forced to protect the people under his guard.

George_Kaplan | April 14, 2021 at 7:59 pm

So an unarmed little White woman is blown away by a big Black cop who almost hits fellow cops because his shooting is so ill considered yet there’s no call for charges.

A White cop shoots a Black man resisting arrest and attempting to flee in a vehicle (by mistake – she intended to taser apparently) and it’s murder. A big Black man violently resists arrest whilst ODing on drugs and the White and Yellow police officers are charged with murder after he dies. Seeing a pattern here?

Running the federal justice system in tiers one dealing with people you like such as antifa rioters and BLM rioters and one for people you hate is the best way to create genuine extremism where non previously existed.

This is coming from someone who regularly argues with people who say the election was stolen by voter fraud.

Joe Biden is the worst human being to ever occupy the oval office.

Colonel Travis | April 14, 2021 at 9:19 pm

Do any readers know what Andrew Branca’s take on this was? You might want to find out because he has gone over this case pretty extensively on his site. He doesn’t think the officer should be charged, I think he makes valid reasons. I am a member of his site and when I saw the video I thought – the officer will not be charged.

You need to take politics and emotion out of it.

    George_Kaplan in reply to Colonel Travis. | April 15, 2021 at 3:01 am

    The issue is we’re seeing what appears to be a clear double standard.

    Black cop blows unarmed White woman guilty of trespassing away whilst police are approaching her from behind – no charges laid.

    White cop tries to taser a Black guy attempting to flee in a vehicle after resisting arrest and somehow pulls her firearm by mistake – murder charges laid.

    White cop subdues and holds a huge Black guy who resists arrest whilst ODing on drugs. Said guy dies while they wait 9 minutes or so for the ambulance. – murder charges laid.

    Is a pattern forming? When Black criminals die during their arrests the police are charged and lynch mobs form. When the reverse happens – a White trespasser is killed, total silence by the Left, or worse, celebrations. This is echoes of the Hitler years.

      Colonel Travis in reply to George_Kaplan. | April 19, 2021 at 4:45 pm

      I said – take out the politics and emotion. You didn’t do that. The facts as we know them point to a self-defense case for the officer.

      It is impossible to discuss anything in America without politics and emotion taking over.

Secession, before we’re enslaved.

Defense Department’s ‘extremists’ happen to look exactly like Trump voters:

“No justice; no peace!”

Profit4theParty | April 27, 2021 at 12:11 pm

‘We investigated ourselves and didn’t find any wrongdoing.’