Family of Ashli Babbitt Files $30 Million Wrongful Death Action

[berryberry]

From Jonathon Turley:

The long-awaited tort action from the family of Ashli Babbitt has now been filed in Southern California. Babbitt was shot and killed on Jan. 6th and her family is seeking $30 million in a wrongful death action. Equally important, the lawsuit could force additional answers to why Capitol Police Lt. Michael Byrd shot and killed the unarmed protester as she attempted to climb through a window near the House Chamber. I have previously raised concerns over the shooting as conflicting with governing standards on the use of lethal force. I also noted contradictions in Byrd’s own statements and the government’s conclusion that this was a justified killing. The complaint below adds some troubling facts to these prior concerns.

Babbitt, 35, was an Air Force veteran and Trump supporter who participated in the riot three years ago. She was clearly committing criminal acts of trespass, property damage, and other offenses. However, the question is whether an officer is justified in shooting a protester when he admits that he did not see any weapon before discharging his weapon.

Just to recap what we previously discussed in the earlier column:

When protesters rushed to the House chamber, police barricaded the chamber’s doors; Capitol Police were on both sides, with officers standing directly behind Babbitt. Babbitt and others began to force their way through, and Babbitt started to climb through a broken window. That is when Byrd killed her.

At the time, some of us familiar with the rules governing police use of force raised concerns over the shooting. Those concerns were heightened by the DOJ’s bizarre review and report, which stated the governing standards but then seemed to brush them aside to clear Byrd.

The DOJ report did not read like any post-shooting review I have read as a criminal defense attorney or law professor. The DOJ statement notably does not say that the shooting was clearly justified. Instead, it stressed that “prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully.’” It seemed simply to shrug and say that the DOJ did not believe it could prove “a bad purpose to disregard the law” and that “evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”

While the Supreme Court, in cases such as Graham v. Connor, has said that courts must consider “the facts and circumstances of each particular case,” it has emphasized that lethal force must be used only against someone who is “an immediate threat to the safety of the officers or others, and … is actively resisting arrest or attempting to evade arrest by flight.” Particularly with armed assailants, the standard governing “imminent harm” recognizes that these decisions must often be made in the most chaotic and brief encounters.

Under these standards, police officers should not shoot unarmed suspects or rioters without a clear threat to themselves or fellow officers. That even applies to armed suspects who fail to obey orders. Indeed, Huntsville police officer William “Ben” Darby was convicted for killing a suicidal man holding a gun to his own head. Despite being cleared by a police review board, Darby was prosecuted, found guilty and sentenced to 25 years in prison, even though Darby said he feared for the safety of himself and fellow officers. Yet law professors and experts who have praised such prosecutions in the past have been conspicuously silent over the shooting of an unarmed woman who had officers in front of and behind her on Jan. 6.

Byrd went public soon after the Capitol Police declared “no further action will be taken” in the case. He proceeded to demolish the two official reviews that cleared him.

Byrd described how he was “trapped” with other officers as “the chants got louder” with what “sounded like hundreds of people outside of that door.” He said he yelled for all of the protesters to stop: “I tried to wait as long as I could. I hoped and prayed no one tried to enter through those doors. But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.”

Byrd could just as well have hit the officers behind Babbitt, who was shot while struggling to squeeze through the window.

Of all of the lines from Byrd, this one stands out: “I could not fully see her hands or what was in the backpack or what the intentions are.” So, Byrd admitted he did not see a weapon or an immediate threat from Babbitt beyond her trying to enter through the window. Nevertheless, Byrd boasted, “I know that day I saved countless lives.” He ignored that Babbitt was the one person killed during the riot. (Two protesters died of natural causes and a third from an ***** ****; one police officer died the next day from natural causes, and four officers have committed suicide since then.) No other officers facing similar threats shot anyone in any other part of the Capitol, even those who were attacked by rioters armed with clubs or other objects.

The complaint below has some interesting additional facts. For example, it alleges that Babbitt’s hands were in plain sight and empty.

“Ashli could not have seen Lt. Byrd, who was positioned far to Ashli’s left and on the opposite side of the doors, near an opening to the Retiring Room, a distance of approximately 15 feet and an angle of approximately 160 degrees. Sgt. Timothy Lively, one of the armed officers guarding the lobby doors from the hallway, later told officials investigating the shooting, “I saw him . . . there was no way that woman would’ve seen that.” Lt. Byrd, who was not in uniform, did not identify himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd did not give Ashli any warnings or commands before shooting her dead.”

That is significant. There were officers in front, behind, and to the sides of Babbitt but she was given no warning and likely did not see Byrd pointing his weapon at her.

However, the most interesting allegation is this one:

“At 2:45 p.m., or within one minute after shooting Ashli, Lt. Byrd made the following radio call: 405B. We got shots fired in the lobby. We got shots shots fired in the lobby of the House chamber. Shots are being fired at us and we’re sh, uhh, prepared to fire back at them. We have guns drawn. Please don’t leave that end. Don’t leave that end. Approximately 35 seconds later, Lt. Byrd made another radio call, stating, “405B. We got an injured person. I believe that person was shot.” In fact, no shots were fired at Lt. Byrd or his fellow officers. The only shot fired was the single shot Lt. Byrd fired at Ashli. He heard the loud noise of the gunshot. He saw her fall backwards from the window frame.”

So Byrd allegedly gave a false report of shots being fired after he shot Babbitt.

Here are the seven counts (the second count on negligence is the most detailed and multifaceted):

COUNT I Assault and Battery (Intentional Shooting and Killing of Ashli by Lt. Byrd – ESTATE OF ASHLI BABBITT)

COUNT II Negligence (Lt. Byrd – ESTATE OF ASHLI BABBITT)

COUNT III Negligence (Timothy Lively, Kyle Yetter, Christopher Lanciano Steven Robbs, Don Smith, Brandon Sikes, Mike Brown Jason Gandolph – ESTATE OF ASHLI BABBITT)

COUNT IV Negligent Supervision, Discipline, and Retention of Lt. Byrd (Capitol Police, Capitol Police Board, et al. – ESTATE OF ASHLI BABBITT)

COUNT V Negligent Training (Capitol Police, Capitol Police Board, et al. – ESTATE OF ASHLI BABBITT)

COUNT VI Survival Action (Assault and Battery; Negligence; Negligent Supervision, Discipline, and Retention; Negligent Training – ESTATE OF ASHLI BABBITT)

COUNT VII Wrongful Death (Assault and Battery; Negligence; Negligent Supervision, Discipline, and Retention; Negligent Training – AARON BABBITT)

The complaint, in my view, raises credible allegations that warrant serious review. The Justice Department is likely to seek threshold grounds for dismissal, but the case could offer needed answers to a number of questions. Many of us were not satisfied with the review of the government of the shooting. Discovery would allow for a new review of the underlying record.

The family is being represented by Judicial Watch.

[onawbtngr546]

Perhaps she shouldn't have tried to break and enter, when the officer was giving orders to mob to stand down.


If you fuck around, you better be prepared to find out. Unfortunately, as tragic as her death was, she wasn't prepared to find out. But she did anyway.



Also, nice to see that you're finally referring to J6th as a riot! Interesting!

Babbitt, 35, was an Air Force veteran and Trump supporter who participated in the riot three years ago

Byrd described how he was “trapped” with other officers as “the chants got louder” with what “sounded like hundreds of people outside of that door.” He said he yelled for all of the protesters to stop: “I tried to wait as long as I could. I hoped and prayed no one tried to enter through those doors. But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.”

So, if someone who isn't an officer of the law was being cornered by a clearly violent mob, they are in the right to use lethal force to defend themselves? But an officer of the law can not? The man feared for his life. He gave lawful orders to stand down, and the rioters ignored. The officer was 100% in the right. No difference if someone was approaching him with a deadly weapon, or a lethal weapon. They gave a lawful order to stand down. They refused. They fucked around and they found out.

[chizzy]

Originally Posted by onawbtngr546

Perhaps she shouldn't have tried to break and enter, when the officer was giving orders to mob to stand down.


If you fuck around, you better be prepared to find out. Unfortunately, as tragic as her death was, she wasn't prepared to find out. But she did anyway.



Also, nice to see that you're finally referring to J6th as a riot! Interesting!






So, if someone who isn't an officer of the law was being cornered by a clearly violent mob, they are in the right to use lethal force to defend themselves? But an officer of the law can not? The man feared for his life. He gave lawful orders to stand down, and the rioters ignored. The officer was 100% in the right. No difference if someone was approaching him with a deadly weapon, or a lethal weapon. They gave a lawful order to stand down. They refused. They fucked around and they found out.

Spoken like a person who closes his eyes to the facts. So if u enter a building and without warning are shot, that is okay?
What a dumb analysis

[tommy156]

Originally Posted by chizzy

Spoken like a person who closes his eyes to the facts. So if u enter a building and without warning are shot, that is okay?
What a dumb analysis

She was clearly warned to stand down repeatedly, before any shots were fired. Please stop lying about that which is so easily proven false. It's insulting to our collective intelligence

https://www.nbcnews.com/video/capito...eo-99180613572

[berryberry]

Originally Posted by chizzy

Spoken like a person who closes his eyes to the facts. So if u enter a building and without warning are shot, that is okay?
What a dumb analysis

I know Chizzy. It's simple facts - a shame some can't recognize that. Like the statement from a fellow law enforcement officer:

"Sgt. Timothy Lively, one of the armed officers guarding the lobby doors from the hallway, later told officials investigating the shooting, “I saw him . . . there was no way that woman would’ve seen that.” Lt. Byrd, who was not in uniform, did not identify himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd did not give Ashli any warnings or commands before shooting her dead.”

[onawbtngr546]

berry, did you even watch the video? It's difficult to pick out, but you can hear the officer yelling to stand down.

Oh, but this is a peaceful protest. How did those windows get smashed?

Oh, but nevermind, you aren't going to watch the video anyway. It's pointless to argue with you. You intentionally keep your facts backwards and don't even make the slightest effort to answer the utmost simple questions, like how is this a peaceful protest? If an official looking person (the officer, though not in uniform, was not in plainclothes either) holding a gun, telling you to stop, as you break through a barricaded door (why was the door barricaded in the first place if this was a peaceful protest and they were allowed to be there? Interesting!), holding a gun, while other people around you are yelling 'he has a gun!'..

This woman got her just deserts. She fucked around, and she found out. I see nothing wrong with the actions of the officer. The woman however, suffered a tragic fate. She thought she would be protected in the mass of people. Well, when a piece of iron is coming at your group at the speed of sound, someone's going to slow it down. Today was her day.

So yeah, could you answer the questions, please?

- If it was a peaceful protest, why are they trying to break through a barricaded door?
- How did the windows get smashed?
- Why were they smashing the windows in the video?
- If it was a peaceful protest, why didn't the 'protesters' not stand down when asked?
- If you were in the officer's position (being behind a barricaded door, defending lawmakers from an unruly mob) and felt your life was in danger (the officer did), and you had a gun, would you not shoot? Remember, all other options have been exhausted. The mob will not, and is not listening to your lawful order to stop

[tommy156]

Ashli Babbitt was a pig-headed moron who fucked around and found out.

☝️ Put that on her dumbass tombstone. The end.

[rmg_35]

Ashii Babbitt's actions lead to her getting shot and killing. Complete moronic maga idiots smashing windows and trying to bust threw barricades, because of the election lies of the insurrectionist treasonist traitor tRump, that jackass maga Republicans, and the radical far-right conspiracy theory extremist news organizations that knowingly kept broadcasting that bullshit. Also to blame most of the rest of the cowardly Republicans that knew the election was not stolen and sat back and said nothing.

Sometime acting out and being blatantly stupid has consequences.

Her parents should sue the right people that caused this. 1. The insurrectionist treasonist traitor tRump. 2. The radical far-right conspiracy theory extremist news organizations. 3. Other maga jackass Republicans that continued to push their lying bullshit about the election. THESE LYING FUCKING ASSHOLES ARE THE REAL REASON SHE GOT SHOT.

[chizzy]

Originally Posted by tommy156

She was clearly warned to stand down repeatedly, before any shots were fired. Please stop lying about that which is so easily proven false. It's insulting to our collective intelligence

https://www.nbcnews.com/video/capito...eo-99180613572

first off not one time did anyone say stand down in the video you posted and secondly, "stand down" is not a term police use on civilians, stand down is an order directed at police to cease operations,do not engage

police dont say that to civilians

that girl was murdered plain and simple. that cop hid around the corner and fired. he gave no warning

here is a video mainstream media wont show but i doubt you will watch it
https://www.youtube.com/watch?v=hSt2LJWokI0

[berryberry]

Originally Posted by chizzy

first off not one time did anyone say stand down in the video you posted and secondly, "stand down" is not a term police use on civilians, stand down is an order directed at police to cease operations,do not engage

police dont say that to civilians

that girl was murdered plain and simple. that cop hid around the corner and fired. he gave no warning

here is a video mainstream media wont show but i doubt you will watch it
https://www.youtube.com/watch?v=hSt2LJWokI0

You are correct once again Chizzy - Lt. Byrd, who murdered Ashli Babbitt, never identified himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd did not give Ashli any warnings or commands before murdering her. This was confirmed not only by the video but by statements from a fellow officer who was there.

Not only that, there is this. Lt. Byrd, the murderer, knew he screwed up and tried to cover it up by filing a FALSE report.

At 2:45 p.m., or within one minute after shooting Ashli, Lt. Byrd made the following radio call:

405B. We got shots fired in the lobby. We got shots shots fired in the lobby of the House chamber. Shots are being fired at us and we’re sh, uhh, prepared to fire back at them. We have guns drawn. Please don’t leave that end. Don’t leave that end.

Approximately 35 seconds later, Lt. Byrd made another radio call, stating, “405B. We got an injured person. I believe that person was shot.”

So Byrd LIED - filing a false report AFTER he had already murdered Ashli Babbitt. He also falsely reported shots were being fired at him which was a LIE. No shots were fired at Lt. Byrd or his fellow officers. The only shot fired was the single shot Byrd fired at Ashli.

Those are the facts no matter how much some want to ignore them

[tommy156]

Originally Posted by chizzy

first off not one time did anyone say stand down in the video you posted and secondly, "stand down" is not a term police use on civilians, stand down is an order directed at police to cease operations,do not engage

police dont say that to civilians

that girl was murdered plain and simple. that cop hid around the corner and fired. he gave no warning

here is a video mainstream media wont show but i doubt you will watch it
https://www.youtube.com/watch?v=hSt2LJWokI0

Wow. You're clearly siding with domestic terrorists here, and siding against law enforcement.

We all have eyes and ears. We can all see and hear what's on the video. Law enforcement were clearly trying to stop an unhinged mob from attempting insurrection, destroying property and committing wanton violence. Your lies won't change the video evidence. Ashli Babbitt got what she deserved.

[rmg_35]

Originally Posted by chizzy

first off not one time did anyone say stand down in the video you posted and secondly, "stand down" is not a term police use on civilians, stand down is an order directed at police to cease operations,do not engage

police dont say that to civilians

that girl was murdered plain and simple. that cop hid around the corner and fired. he gave no warning

here is a video mainstream media wont show but i doubt you will watch it
https://www.youtube.com/watch?v=hSt2LJWokI0

That video proves nothing. Watch the videos side by side. They're not taken at the same time and the radical far-right conspiracy theory extremist video stops before you can see ashli falling back after trying to climb through the window. Typical bullshit from maga media and the insurrectionist treasonist traitor tRump loving fools.

[onawbtngr546]

Originally Posted by chizzy

first off not one time did anyone say stand down in the video you posted and secondly, "stand down" is not a term police use on civilians, stand down is an order directed at police to cease operations,do not engage

police dont say that to civilians

that girl was murdered plain and simple. that cop hid around the corner and fired. he gave no warning

here is a video mainstream media wont show but i doubt you will watch it
https://www.youtube.com/watch?v=hSt2LJWokI0

You are still defending an utter moron who just so happens to now be dead. If you are doing something you know is illegal (breaking through a barricaded door, breaking and entering, not listening to someone pointing a gun at you from behind a door you are breaking in to, who ended up justly shot.



Someone needs to comment on the simply fact that they were trying to break through a barricaded door. And they got shot when trying to jump through a window.


The MAGAs aren't even going to acknowledge such a fact, because they know clear as day that their argument dissolves if they acknowledge that fact in the slightest.



Sure, say mob mentality, but that is not a defense against a criminal action, nor is it a get out of jail free card and immunity to an iron slug.

[Yssup Rider]

Sheesh, time sure flies when you’re plotting the overthrow of the government.

hahahahahahahah

[onawbtngr546]

https://www.nbcnews.com/video/capito...eo-99180613572

Originally Posted by onawbtngr546

So yeah, could you answer the questions, please?

- If it was a peaceful protest, why are they trying to break through a barricaded door?
- How did the windows get smashed?
- Why were they smashing the windows in the video?
- If it was a peaceful protest, why didn't the 'protesters' not stand down when asked?
- If you were in the officer's position (being behind a barricaded door, defending lawmakers from an unruly mob) and felt your life was in danger (the officer did), and you had a gun, would you not shoot? Remember, all other options have been exhausted. The mob will not, and is not listening to your lawful order to stop

I fear I'll die of old age before any MAGAs comment on my questions regarding the above video. That, or they'll die from injecting pesticides into their body if their lord and master tells them it'll help block 5g LOL