“There’s an investigative process [and] I was cleared by the DOJ [Department of Justice], and FBI and [the D.C.] Metropolitan Police,” he told NBC News anchor Lester Holt in August, relaying that the Capitol Police also cleared him of wrongdoing and decided not to discipline or demote him for the shooting.
Byrd then answered a series of questions by Holt about the shooting. However, what he told the journalist, he likely never conveyed to investigators, as he refused to answer their questions, according to several sources and documents reviewed by RealClearInvestigations.
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Investigators cleared Byrd of wrongdoing in the shooting without even interviewing him about the shooting or threatening him with punishment if he did not cooperate with their criminal investigation.
“He didn’t provide any statement to [criminal] investigators and they didn’t push him to make a statement,” Babbitt family attorney Terry Roberts said in an RCI interview. “It’s astonishing how skimpy his investigative file is.”
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Roberts, who has spoken with the D.C. MPD detective assigned to the case, said the kid-glove treatment of Byrd raises suspicions the investigation was a “whitewash.” The lawyer’s account appears to be backed up by a January 2021 internal affairs report, which notes Byrd “declined to provide a statement,” D.C. MPD documents show.
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Questioned about it, a D.C. MPD spokeswoman confirmed that Byrd did not cooperate with internal affairs agents or FBI agents, who jointly investigated what was one of the most high-profile officer-involved shooting cases in U.S. history.
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“MPD did not formally interview Lt. Byrd,” deputy D.C. MPD communications director Kristen Metzger confirmed. And, “He didn’t give a statement while under the U.S. Attorney’s Office investigation.”
After Byrd declined to cooperate with D.C MPD Internal Affairs Division’s investigation, which was led by Det. John Hendrick, his case ultimately was turned over to the USCP for a final administrative review of whether his actions conformed with department policies and training.
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Still, USCP concluded in August that “the officer’s conduct was lawful and within department policy.” The agency launched its administrative investigation after the criminal investigation was closed.
Justice ruled there “was not enough evidence” to conclude Byrd violated Babbitt’s civil rights or willfully acted recklessly in shooting her. Byrd remains the commander in charge of security for the House of Representatives.
Neither the FBI nor the Justice Department would comment on whether they pressed Byrd after he insisted on remaining silent.
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