An attorney for the family of fatally shot Trump supporter Ashli Babbitt detailed plans Monday to sue Capitol Police on behalf of the Babbitt family, arguing that the officer in question has not been charged for alleged use of excessive force because of the politics surrounding the case.
Babbit, 35, was unarmed when she was shot on Jan. 6 by Capitol Police during the breach of the Capitol. She died of a gunshot wound to the left shoulder, according to the D.C. Medical Examiner’s office.
The Department of Justice announced earlier this month that the officer who fatally shot Babbitt will not be charged in her death. The officer’s name has never been made public.
Attorney Terry Roberts told Newsmax on Monday that Babbitt has not received justice due to the politics of the case and her open support for former President Donald Trump. The attorney will be pursuing a civil action on behalf of the family alleging a violation of Babbitt’s constitutional rights, he said.
“I’m handling the civil action that will be filed, that’s my role,” Roberts said. “The family and I were disappointed in the Department of Justice’s decision on this, but my role is, really, to bring a civil action and in that way, vindicate her rights.”
“We think the evidence is ample and supports criminal charges against the officer,” Roberts argued, claiming the officer could see Babbitt was not armed and offered her no warning.
“This is a situation in which the officer could have easily arrested her, if he had grounds to arrest her, without using deadly force,” he said. “So, this was an egregious act of excessive force and he should have been charged.”
The Epoch Times reported that an attorney for the officer who shot Babbitt says his client was within his rights.
“He fired only one shot at the only person who breached the locked doors and makeshift barricade that had been erected,” said Mark Schamel. “He did so after clearly identifying himself and ordering the mob not to come through the barricade.”
“He used tremendous restraint in only firing one shot, and his actions stopped the mob from breaking through and turning a horrific day in American history into something so much worse,” he added.
Roberts told Newsmax that what “disturbs most people” about Babbitt’s case “is that there’s a double standard at work.”
“If you were to change the circumstances, change the location a little bit, it’s a certainty that there would be charges,” he argued. “Obviously, the political climate is such that charges are not favored here. It really bothers us that there is a double standard at work.”
Asked if the family believes that “politics” is a factor in the case, noting that Babbitt was a Trump supporter, Roberts responded, “Clearly, that has everything to do with it, unfortunately. It shouldn’t.”