The husband of the woman shot and killed during the Capitol riot asked a court Wednesday to force police to turn over information on the officer who shot her, according to CNBC.
Aaron Babbitt, Ashli Babbitt’s husband, filed a request for records under the Freedom of Information Act, demanding access to video footage, witness statements, and documents gathered by the Metropolitan Police Department, CNBC reported.
Ashli Babbitt, a veteran from San Diego, was killed by an officer who fired a shot as she climbed through a broken window at the January 6 Capitol riot.
Aaron Babbitt told Fox 5 that the officer should not have aimed so quickly at his unarmed wife. “I watched my wife die. I identified my wife by turning on the TV and seeing her lay there without anybody telling me what had happened,” Babbitt said.
The Department of Justice declined to bring charges in April against the officer who shot the 35-year-old woman, saying he acted in self-defense.
“Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,” the Department of Justice said.
The police department has “failed to comply” with the Freedom of Information Act request, the lawsuit says. They didn’t provide the information to Aaron Babbitt or notify him he would not be given access by the May 12 deadline, according to CNBC.
Terrell Roberts, the Babbitt family attorney, told CNBC the imminent legal action would allege the Capitol police violated Babbitt’s constitutional right against the use of excessive force. They will also challenge the possible “failure” to train and supervise the officer who killed Ashli Babbitt. An initial conference in the Freedom of Information Act lawsuit is scheduled for 9:30 a.m. Sept. 3.
Roberts previously said they plan to file a separate $10 million wrongful death lawsuit against the officer and Capitol Police.
The Metropolitan Police Department did not immediately respond to requests for comments.
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