Capitol riot investigators have recommended no charges for Capitol’s unnamed police officer who fatally shot riot Ashli Babbitt during the January 6 pro-Trump uprising.
The investigation was conducted by the Metropolitan Police Department of the District of Columbia, reports The Journal.
Babbitt on her driver’s photo.
Maryland MVA / Thanks to Calvert County Sheriff via AP
However, a final decision on the matter has not yet been made, and the decision rests with the Department of Justice.
The department did not immediately respond to a request for comment Tuesday morning.
Babbitt, a 35-year veteran of the Air Force and National Air Force, was shot dead as she tried to climb through a shattered window in the lobby of the Capitol’s head during a 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 riot with a fire extinguisher. No one has been arrested so far in connection with Sicknick’s death.
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As The Journal noted, there is a high level of charges for the officer who killed Babbitt. Prosecutors will have to prove that the officer used excessive force and intentionally violated someone’s constitutional rights.
Sources told The Journal the officer may have acted as a last line of defense between the rioters and members of Congress, which could be a justification for the use of deadly force.
A temporary memorial service for Babbitt in Washington, DC, on January 7th.
Shannon Stapleton / Reuters
The officer in question was placed on leave while an investigation into Babbitt’s death took place, and he is expected to return to his previous status, a fellow police officer in the Capitol told The Journal.
However, according to The Journal, it is said that the official is afraid of being retaliated against by Trump supporters.
The incident is still being investigated by the Washington Metropolitan Police, the U.S. Attorney’s Office in Washington, DC, and civil rights prosecutors, as is customary for shootings involving Capitol police, according to CNN.