The Murder of Ashli Babbitt

Babbitt's death was a rallying point for Trump loyalists and Capitol rioters who alleged police used unnecessary force in stopping the mob on Jan. 6. In the civil lawsuit, Babbitt's estate alleged U.S. Capitol Police Lt. Michael Byrd was negligent in the issue of force and his firearm. May 2, 2025

Author: Jordan Fischer

Published: 2:24 PM EDT May 2, 2025
Updated: 5:11 PM EDT May 2, 2025

WASHINGTON — Attorneys for the Justice Department and the husband of Ashli Babbitt said Friday they have reached a settlement in principle to resolve a lawsuit filed over her death during the Jan. 6 Capitol riot.

Jozeph Gonzalez, a trial attorney with the DOJ's Civil Division, acknoweldged the agreement during an emergency hearing Friday afternoon. Gonzalez and Robert Sticht, an attorney for the conservative group Judicial Watch representing Aaron Babbitt, said the exact details of the agreement were still being negotiated and that nothing had been signed yet. Neither revealed the terms of the agreement or whether a monetary settlement or acknowledgement of wrongdoing were involved. wusa9.com/riots

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Judicial Watch filed a wrongful death suit on Aaron Babbitt’s behalf in January 2024 under the Federal Tort Claims Act. The suit alleged Lt. Michael Byrd, the officer shot Babbitt, had negligently discharged his firearm and failed to warn Babbitt or de-escalate the situation. The suit also alleged negligence on the part of other officers near the Speaker’s Lobby at the time of the shooting as well as the U.S. Capitol Police and the Capitol Police Board in failing to properly train Byrd in tactical decision-making.

Babbitt, an Air Force veteran, was shot and killed while attempting to climb through a broken window into the Speaker's Lobby during the Jan. 6 attack on the U.S. Capitol. Her death became a galvanizing issue for Jan. 6 supporters, and eventually a frequent touchstone of President Donald Trump during his second campaign for re-election.

An internal investigation by U.S. Capitol Police cleared Byrd of any wrongdoing and found no cause for discipline. The Justice Department likewise found no evidence Byrd did not believe it was necessary to shoot Babbitt in defense of members of Congress evacuating the House Chamber. Byrd was one of hundreds of officers awarded the Congressional Gold Medal in 2022 for his defense of the U.S. Capitol. He was promoted to the rank of captain in 2023.

The hearing Friday was called in response to an emergency filing by attorney Terrell N. Roberts III, who was previously retained by Aaron Babbitt to pursue a $10 million wrongful death suit. Roberts said he'd learned of the impending settlement and sought a temporary restraining order to ensure he will receive a 25% cut of any funds he says he's owed from his prior agreement with Aaron Babbitt.

Roberts previously represented the family of Prince Jones, a Howard University student who was killed in 2000 by an undercover Prince George's County police detective. In 2006, a civil jury awarded $2.5 million in damages to Jones' daughter, then 7 years old, for her father's wrongful death.

Roberts told WUSA9 in an interview in May 2021 he believed police failed had options to stop Babbitt besides shooting her.

“She could have easily been stopped by the officer who shot her or numerous other officers who were around and been arrested, if that’s what they wanted to do. There was no need to shoot her,” Roberts said. “Any rookie police officer with a set of handcuffs could have taken her into custody. She’s an Air Force veteran. She was actually a military police officer herself. I am sure that she would have complied.”

According to a filing by Roberts, he worked on the case for more than a year before terminating his representation for cause in February 2022. Roberts’ filing did not indicate why he stopped representing Aaron. When Aaron retained new attorneys from the conservative group Judicial Watch, Roberts said he turned over more than 110 GB of data from his investigation, along with reports of two expert witnesses who’d reviewed the case.

Roberts and attorneys for Aaron Babbitt are scheduled to appear in court on May 12 to argue over Robert's efforts to enforce a lien against any monetary settlement. Sticht said he hoped to have the agreement with the DOJ signed on May 8.

Also see

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Michael Snow Jr. is set to be sentenced Friday for burning an American flag during protests of Israeli Prime Minister Benjamin Netanyahu's visit to DC in July.

Who did Michael Byrd shoot?

Ashli Babbit

Lieutenant Michael Byrd, a United States Capitol Police (USCP) officer, fatally shot U.S. Air Force veteran Ashli Babbitt as she tried to force her way into the House of Representatives chamber on the day of the riot in 2021.

Why did Ashli Babbitt get shot?

Byrd stated that he had pulled the trigger as a "last resort" after the mob of protesters ignored his repeated orders to get back, and that he did not know at that moment whether Babbitt was armed or not, or that she was a woman. Byrd commented: "I know that day I saved countless lives.

Fact Check: Capitol officer who shot dead January 6 protester was not pardoned by Biden