Officers who shot Ashli ​​Babbitt, a Capitol riot police, should not be charged, according to investigators

The officer who shot her had been put on leave shortly after the riot while Mrs Babbitt’s death was being investigated, even on the question of whether it was a violation of her civil rights.

The Justice Department said in announcing the investigation that it followed a routine procedure whenever a police officer used lethal force by having the Washington Metropolitan Police Department examine the shooting. Police investigators have initially decided that the charges against the officer are not justified, people added, adding that Justice Department officials have not yet made a final decision on the matter. The U.S. Attorney’s Office in Washington is conducting the most extensive investigation into the riot and is processing the more than 150 cases that have been filed so far.

A Justice Department spokeswoman made no immediate comment. Probably any final decision of charge should be approved by the senior management of the Department of Justice, which has not yet received information on this issue.

When assessing such cases, federal prosecutors must establish not only that an agent used excessive force, but also intentionally violated someone’s constitutional rights. This high bar makes it difficult to file federal charges against an officer and legal experts had predicted that this case related to the death of Ms. Babbitt was unlikely.

A Capitol police spokeswoman declined to comment on what she called “an ongoing investigation.” A Metropolitan Police spokesman said: “It would be premature to make a comment at this time.”

The death of Mrs. Babbitt, a 35-year-old San Diego resident, occurred when a crowd of rioters gathered at the door of the speaker’s lobby in the Capitol Building, knocking on the glass and instantly site officers to stand aside. according to several videos of the incident.

The crowd broke the glass with a helmet and a stick, according to video footage. According to later, Mrs. Babbitt, who was unarmed, attempted to jump through the shattered glass and was shot by a Capitol police officer from inside the door, according to the material.

Several videos of the shooting posted on social media showed Mrs. Babbitt, who appears to be wearing a Trump flag as a cape, falling from a shattered window after being shot by an officer on the other side of a set. of double doors.

The officer, lieutenant, served essentially as the last line of potential defense between the riots and members of Congress, thus providing some justification for his actions and falling far short of the rule necessary to charge a police officer with a violation of civil rights. for a shooting, people said.

“That’s where he drew the line in the sand,” said a Capitol Police officer, who added that the lieutenant, who has suspended police powers, is expected to return to his former condition, despite who is afraid of being retaliated against by Trump. supporters.

“It should definitely be clarified,” said an attorney for the agent, Mark Schamel, of the Lowenstein Sandler law firm. “There’s no way to look at the evidence and think he’s anything less than a hero,” he said.

Representative Markwayne Mullin (R., Okla.), Who witnessed the shooting, said in an interview with The Wall Street Journal last month that he saw a Capitol police lieutenant in a defensive position in front of the gates. from the lobby of the house.

The GOP congressman said he was alarmed because there were still lawmakers and press trapped on the third-floor balcony inside the chamber, overlooking the floor.

“I think they wanted to hurt us,” he said of the crowd knocking on the door. “My thought was,‘ How are we going to do this? “

Then, Mr. Mullin said, he fired a shot.

“Of course, everyone got excited again,” he said, “but I’ll tell you, from my perspective, the lieutenant who did this, I really feel like he saved the lives of some people that day.”

The officer approached him later, puzzled, Mullin said. He said he hugged the officer and said, “Listen, you did what you had to do.”

In the videos, several police officers appear giving first aid to Mrs. Babbitt, who was taken to a hospital and later died from her injuries.

The recommendation not to charge against the officer who shot Mrs. Babbitt is likely to spark controversy. Some far-right activists have used her death as a rallying cry and referred to her as a martyr for her cause, with her image appearing on protest flags and a Telegram account linked to the protest group. ‘far right that the Proud Boys have called it a’ low aggression system ‘.

The Justice Department has refused to charge officers in a number of other high-profile cases that unfolded in different circumstances. He decided not to file federal civil rights charges against former Ferguson police officer Mo., who fatally shot an unarmed black teenager in 2014, saying prosecutors could not deny the claims of the officer he fired. because he feared for their safety. This sparked widespread protests and sparked a national conversation about the use of force by the police.

In the social media profiles in her name, Ms. Babbitt is described as a veteran and libertarian who loved her husband, her big black and white dog “and most of all, my country.” Mrs. Babbitt’s military service included several deployments in Iraq during the war.

The day before the riot, Mrs Babbitt tweeted: “Nothing will stop us … they may try to try, but the storm is already here and down in DC in less than 24 hours … dark in the light ! “

A man who identified himself as Mrs Babbitt’s brother, whom he contacted by phone, said he could not comment immediately.

—Lindsay Wise contributed to this article.

Write to Aruna Viswanatha to [email protected], Sadie Gurman to [email protected] and Tawnell D. Hobbs to [email protected]