ASHLI Babbitt’s family is set to sue the U.S. Capitol Police and the officer who shot her dead during the January 6 Capitol riot.
They seek a payout of at least $10million and will serve Capitol Police within 10 days, a family lawyer said.
Babbitt, a 35-year-old Air Force veteran, was shot through a window by an unidentified officer as she and other Trump supporting rioters tried to break into an area near the House floor.
Roberts said the suit would cover economic losses from Babbitt's death as well as other claims including punitive damages.
A payout of $10million would be “a good estimate” of the total amount sought.
The civil suit from the family follows an April 14 decision by federal prosecutors not to charge the officer after months of deliberation.
Video footage from the insurrection, which was a failed bid to stop Congress from certifying President Joe Biden's election victory, shows Babbitt trying to storm the Speaker's Lobby.
She was shot in the shoulder and could be seen dropping to the ground after an officer opens fire through a window.
Police then called for help to evacuate Babbitt, who was pronounced dead soon after at Washington Hospital Center.
Family's lawyer Terry Robert told Zenger: "A rookie police officer would not have shot this woman.
"If she committed any crime by going through the window and into the Speaker's Lobby, it would have been trespassing.
"Some misdemeanor crime. All a rookie cop would have done is arrest her."
Referring to the officer who shot Babbitt, he said: "And he has plenty of other officers there to assist with arrest.
"You had officers on Ashli's side of the door in riot gear and holding submachine guns.
"And on the other side of the door you have another uniformed officer 6 or 8 feet away.
"Whose life is he saving by shooting her? … She's not brandishing a weapon. She's on the window ledge. And there's no reason to think she's armed."
"A rookie police officer would not have shot this woman
Babbitt was said to have travelled from her home in California to Washington D.C. to attend the riot, in which five people died.
This included a Capitol Police officer who was sprayed with a chemical substance and died of natural causes the following day.
Justice Department prosecutors said they decided not to file criminal charges against the officer who shot Babbitt.
The came after they reviewed video of the shooting, along with statements from the officer involved as well as other officers and witnesses.
They also examined physical evidence from the scene and reviewed the autopsy results.
In a statement, the department said: "Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution."
The Justice Department does not bring criminal charges in most police shootings it investigates in part because of the high burden for prosecution.
Criminal charges were not expected in this case because videos of the shooting show Babbitt encroaching into a prohibited space.
Prosecutors have filed charges so far against more than 400 defendants in the Capitol riots.
Some face allegations they conspired to storm the building in advance.
But a law enforcement internal probe of the deadly attack on the Capitol has also found significant shortcomings within the police department charged with securing the complex.
Two reports submitted to Congress last month,focused on “deficiencies” within the police department's unit that handles civil disturbances, along with poor coordination and training within its intelligence operations.
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