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Capitol Police chief: DOJ settlement in Jan. 6 shooting sends ‘chilling message’ to officers

The $5 million settlement resolves a civil suit despite DOJ and Capitol Police findings that a U.S. Capitol Police officer acted lawfully in the fatal shooting of Ashli Babbitt

WASHINGTON — The Department of Justice has reached a nearly $5 million settlement with the family of Ashli Babbitt, the woman fatally shot by a U.S. Capitol Police officer during the events surrounding Jan. 6, 2021.

The agreement resolves a $30 million civil suit filed by Babbitt’s estate and Judicial Watch, ABC News reports. The suit alleged the officer who fired the shot, U.S. Capitol Police Lt. Michael Byrd, was negligent in his duties when Babbitt attempted to climb through a shattered window near the House Speaker’s Lobby.

The DOJ confirmed in court filings that a settlement had been reached but did not disclose whether the agreement included any admission of fault.

Capitol Police Chief Thomas Manger issued a statement following news of the settlement, expressing disappointment.

“I am extremely disappointed and disagree with this settlement,” Manger said in a statement to Politico. “In 2021, the DOJ investigation determined no wrongdoing by police. This settlement sends a chilling message to law enforcement nationwide, especially to those with a protective mission like ours.”

“Six individuals who assaulted me, as I did my job on Jan. 6, as did hundreds of other law enforcement officers, will now walk free,” former D.C. Police Officer Michael Fanone said

Byrd was cleared of criminal wrongdoing following a Justice Department investigation in April 2021. The DOJ concluded there was no evidence Byrd “did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber.”

A separate internal investigation by the Capitol Police found Byrd’s actions were within department policy and that he would not face disciplinary action. In an August 2021 statement, the department said, “The actions of the officer in this case potentially saved Members and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where Members and staff were steps away.”

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Babbitt was a 35-year-old Air Force veteran from California. She was among a group of rioters attempting to enter a secured area when she was shot. Byrd later went into hiding for months amid threats against him and his family.

Manger, who took over as chief of the Capitol Police in the aftermath of the Jan. 6 attack, is set to retire later in May.

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Sarah Roebuck is the news editor for Police1, Corrections1, FireRescue1 and EMS1, leading daily news coverage. With nearly a decade of digital journalism experience, she has been recognized for her expertise in digital media, including being sourced in Broadcast News in the Digital Age.

A graduate of Central Michigan University with a broadcast and cinematic arts degree, Roebuck joined Lexipol in April 2023. Have a news tip? Email her at news@lexipol.com or connect on LinkedIn.