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Politics : The Trump Presidency -- Ignore unavailable to you. Want to Upgrade?


To: Lane3 who wrote (198927)4/15/2021 7:47:44 AM
From: Lane32 Recommendations

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washingtonpost.com

U.S. Capitol Police officer cleared of wrongdoing in fatal shooting of Ashli Babbitt during Capitol attack

Keith L. Alexander, Justin Jouvenal, Spencer Hsu

A U.S. Capitol Police officer has been cleared of criminal wrongdoing for fatally shooting Air Force veteran Ashli Babbitt as she attempted to breach a set of doors deep in the Capitol during the January siege, federal prosecutors in D.C. announced Wednesday.

Authorities determined that there was insufficient evidence to prove Babbitt’s civil rights were violated, and that it was reasonable for the officer to believe he was firing in self-defense or in defense of members of Congress and aides who were fleeing the House chamber. Prosecutors did not identify the officer.

The killing of the 35-year-old California native became one of the defining moments of the riot, after graphic videos of her shooting spread across social media and were replayed by news outlets.

Prosecutors notified a representative of Babbitt’s family of its findings Wednesday, the office of acting U.S. attorney Channing Phillips of D.C. said in a statement. The statement said the U.S. attorney’s office and the Justice Department have closed the investigation, “acknowledging the tragic loss of life and offering condolences” to Babbitt’s family.....

...To convict law enforcement officers of civil rights violations, including shootings resulting in death, prosecutors must be able to prove that an officer used “objectively unreasonable” force and “willfully” used more force than he thought was necessary. The high bar of willfulness makes bringing charges against an officer difficult, and Wednesday’s outcome was not unexpected by legal observers under the circumstances....
...

Authorities had suggested the possibility of bringing felony murder charges against rioters if Babbitt’s death was a foreseeable consequence of felony conduct by others, according to a person familiar with the matter. But they have since ruled out that possibility, given case law that allows such charges only in instances when an accomplice is responsible for a victim’s death, not a law enforcement officer.

D.C. police are required by law to identify officers involved in serious uses of force within five business days of an incident. They are also required to release video from body cameras of the officers directly involved. The law only applies to D.C. police. Capitol Police are not equipped with body cameras.

The law firm representing the officer said it was keeping his name confidential because he has faced death threats....