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The family of Ashli Babbitt says she was murdered when she was fatally shot by a police officer during the US Capitol riots - as they plan to file a multi-million dollar wrongful death lawsuit against the police department.
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Babbitt, a 35-year-old Air Force veteran from San Diego, was shot and killed when she and other Trump supporters stormed the Capitol on January 6.
A police officer, who has never been identified, fired a single gunshot when Babbitt tried to climb through the broken part of a door leading to an area outside the House Chamber where lawmakers were hauled up.
Federal prosecutors decided last month not to bring charges against the officer who fired the fatal shot due to a lack of evidence.
Babbitt's family, however, believe she was murdered.
'In the eyes of her family? Of course she was,' the family's attorney, Terry Roberts, told WUSA.
'I mean, there was just no legal justification to take her life.
'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.
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'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.'
The family is planning to file a wrongful death lawsuit against the Capitol Police over Babbitt's death.
The attorney has previously estimated that $10 million would be the total amount sought.
It is not clear when the lawsuit will be filed.
The attorney argued that Babbitt was simply a protester who was exercising her right to air grievances against the government.
'You know, we don't shoot protesters in this country unless they're an immediate threat to somebody,' the attorney said.
'And so I don't see the difference between Ashli Babbitt's case and any other protests which occurred in 2020.'
The pending lawsuit follows the Justice Department's decision not to bring charges against the officer involved.
Prosecutors said they had reviewed video of the shooting, along with statements from the officer involved and other officers and witnesses, examined physical evidence from the scene and reviewed the autopsy results.
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'Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution,' the department said in a statement on April 14.
Prosecutors had argued that Babbitt was part of the mob that was trying to get into the House as Capitol Police officers were evacuating members of Congress from the chamber.
The officers used furniture to try to barricade the glass doors separating the hallway from the Speaker's Lobby to try to stave off the rioters, who kept trying to break through those doors, smashing the glass with flagpoles, helmets and other objects.
Video footage from the riots, which was a failed bid to stop Congress from certifying President Joe Biden's election victory, showed Babbitt - who was wearing a stars and stripes backpack - trying to enter the Speaker's Lobby through the broken door.
The video shows her stepping up and beginning to go through the waist-high opening when a gunshot is heard and she falls backward.
Another video shows other unidentified people attempting to lift Babbitt up before she can be seen slumping back to the ground.
She was struck in the shoulder by the bullet.
A police tactical team rushed into the area and gave first aid but Babbitt was later pronounced dead at a hospital.
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