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The husband of slain Capitol rioter Ashli Babbitt is suing for records revealing the identity of the US Capitol Police officer who fatally shot her during the Jan. 6 siege.
Aaron Babbitt is asking a Washington DC court to force police to hand over the cop’s name, as well as other records relating to his wife’s death, including video footage of the incident and witness statements, local outlet WUSA reported.
DC’s Metropolitan Police Department was tasked with the investigation, and has “failed to comply” with a Freedom of Information Act request filed by Babbitt for the documents, the lawsuit states.
The department allegedly blew through a May 12 deadline to either fork over the materials to Babbitt or notify him that he wouldn’t be getting access to them, according to the filing.
The complaint, filed in DC Superior Court last week, came about a month after the Department of Justice announced it would not be seeking charges against the unidentified cop.
The officer fired a single shot at Ashli, a 35-year-old Air Force veteran from California, as she climbed through a smashed-out window into the House Speaker’s Lobby while lawmakers were being evacuated.
The DOJ found that “the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer 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.”
In a statement Wednesday, a DC Police spokeswoman told WUSA9 the department doesn’t comment on pending litigation
The Babbitt family also plans to file a separate $12 million wrongful death lawsuit against the officer and Capitol Police, their attorney, Terry Roberts, has said previously.
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