In May, Judicial Watch filed a request under the Freedom of Information Act to receive more than 500 pages of internal reports from the D.C. Metropolitan Police concerning the shooting of Ashli Babbitt.
In the document, eyewitness testimony from a Capitol Police sergeant, whose name was removed, suggests that while Babbitt did climb through a broken window to enter the Capitol building, she was not carrying a weapon when Capitol Police officer Lt. Michael Byrd fired at her.
"Sergeant [redacted] observed a white, female protester climbing through an open area where the glass pane had been knocked out," a document from the Internal Affairs Division states.
"He heard a gunshot, and this female fell backward through the opening. On the other side of the barricaded east doors, the crowd began to step back, and some put their hands in the air. Sergeant [redacted] observed Lieutenant Byrd step back just after hearing the gunshot. He did not see anything in the female protester's hands prior to the gunshot."
The reports received by Judicial Watch also reveal that Lieutenant Byrd was "visibly upset" after the incident.
According to Fox News, president of Judicial Watch Tom Fitton said that, "These previously secret records show there was no good reason to shoot and kill Ashli Babbitt," adding that, "The Biden-Garland Justice Department and the Pelosi Congress have much to answer for the over the mishandling and cover-up of this scandalous killing of an American citizen by the U.S. Capitol Police."
Ashli Babbitt, an Air Force veteran, was the only person killed during the Capitol riot on January 6, when Trump supporters entered the Capitol Building illegally intending to stop a congressional vote to certify the Electoral College's vote for Joe Biden.
Babbitt was shot and killed by a Capitol Police Officer, and it was announced in April that no charges would be filed against that officer. The Department of Justice closed the investigation into the police killing of veteran Ashli Babbitt, the unarmed woman part of the mob that unlawfully entered the Capitol Building in Washington, DC, on January 6.
An unnamed officer shot Babbitt on January 6 despite police being told not to practice their most offensive tactics in dealing with the mob on that day. The New York Times reported that "Capitol Police had clearer advance warnings about the January 6 attack than were previously known, including the potential for violence in which 'Congress itself is the target.'"