© Provided by Washington Examiner The family of Ashli Babbitt, the 14-year Air Force veteran who was killed while participating in the Jan. 6 riot at the U.S. Capitol, is planning to sue the U.S. Capitol Police and the officer who fatally shot her for at least $10 million.
The revelation of her family's litigation plans comes nearly two weeks after the Justice Department announced there would be no criminal charges filed against the officer who killed the 35-year-old Babbitt.
It has yet to be determined when, or in which court, the civil lawsuit against the department would be filed, Babbitt's family's attorney Terrell Roberts told CNBC on Thursday.
Roberts said the $10 million figure is an estimate of financial losses, including the value of Babbitt's "services to her husband and combined with Ashli's potential income if she would have lived."
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"A potential for recovery for non-pecuniary losses is also factored in the amount," Roberts said.
Babbitt was among the crowd of hundreds of supporters of former President Donald Trump who rushed into the Capitol in early January, interrupting Congress's efforts to certify President Joe Biden's 2020 victory.
She was in a hallway outside the Speaker's Lobby, which leads to the House chamber, just before she was fatally shot. As seen in bystander video, Babbitt attempted to climb headfirst through the broken glass window of a door separating the hallway from the lobby before she was shot in the left shoulder by an officer inside the lobby. She was later transported to Washington Hospital Center, where she died.
Mark Schamel, an attorney for the officer who shot Babbitt, claimed in February, "There's no way to look at the evidence and think he's anything but a hero."
Earlier this month, Roberts disputed the DOJ's reasoning for not charging the officer who shot Babbitt, saying, "The actual evidence is this: the officer shot an unarmed woman who was not an immediate threat to him or any Member of Congress. That is inconsistent with any claim of self-defense or the defense of others, period."
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Roberts said he will serve a notice to the USCP within "10 days," declaring his intent to file a lawsuit in Washington, D.C., federal court, Newsweek reported.
The Washington Examiner reached out to Schamel and Roberts but did not immediately receive a response.
Tags: News, U.S. Capitol Building, U.S. Capitol Police, Capitol, Riots, Congress
Original Author: Kaelan Deese
Original Location: Ashli Babbitt's family plans to sue Capitol Police and officer who fatally shot her