ANALYSIS – I was at the Capitol on Jan. 6, 2021. Not as a participant but as an observer while performing security for a foreign TV news crew. I was disgusted by those rioters who were assaulting police officers.
The next day, while arguing it wasn't a coup or insurrection, I called the Capitol riot “ugly” and “criminal,” just like the many BLM riots that preceded it.
I also wrote about Ashli Babbitt, the 35-year-old Air Force veteran shot inside the Capitol, based on what I knew at the time: “While saddened by her death, which must be investigated, she should not be turned into a martyr. She was a victim, but also a misguided perpetrator.” (RELATED: Did Trump Really Want to Lead an ‘Armed Mob' to the Capitol on Jan. 6?)
I still believe she was wrong to be in the Capitol with the rioting mob but based on video and other evidence I have seen since I also now believe she is something of a martyr.
She was killed by Capitol Police Lieutenant Michael Byrd, a Black officer, as she went through a broken door window leading into the Speaker's Lobby.
While the Capitol Police concluded an investigation clearing Lt. Byrd, very little of the investigation has been made public. Had a white officer killed a black rioter, many believe things would have been much different.
I understand the Capitol Police locked inside were doing their duty to protect the congressmen and staff inside from what they rightly saw as a violent mob just outside, but as more evidence of the events leading up to the shooting has become available, it is clearer that Ashli Babbitt was not violent, nor any threat.
On the contrary, a former Air Force security forces controller, she was friendly and protective of the police inside and was seen trying to calm the mob just prior to her death. (RELATED: Video Shows Air Force Vet Ashli Babbitt Trying to Stop Rioters in Capitol Before Being Killed by Police)
She also appeared to have been forced through the doorway by the pressure from the crowd behind her.
While I generally give law enforcement the benefit of the doubt in situations like this and feel for Lt. Byrd, one use-of-force expert argues that Babbitt was ‘murdered under color of authority.'
As The Epoch Times reports:
Stan Kephart, who has testified in court more than 350 times as an expert witness on policing issues, reviewed the shooting in the new Epoch TV documentary, “The Real Story of Jan. 6,” which is streaming on Epoch TV.
“My conclusion … based on what I saw and observed in the video clips is that Ashli Babbitt was murdered,” said Kephart, a 42-year veteran of law enforcement and former director of security for the 1984 Los Angeles Summer Olympics. He has testified on topics that include excessive force, police discipline, officer safety, and crowd control.
“She was shot and killed under color of authority by an officer who violated not only the law but his oath and committed an arrestable offense,” he added.
Kephart said he saw nothing in the video evidence to indicate that Byrd should have felt his life was in danger or that he was at risk of serious harm from the 5-foot-2, 110-pound San Diego woman wrapped in a Trump flag.
“In order for lethal force to be authorized, the officer has to be able to articulate that he or she was in fear of losing his life, was about to be killed, or grievously injured,” Kephart said in the documentary. “There is nothing I saw in that film that would indicate that was possible or probable from what unfolded.”
As someone trained in police use-of-force continuum, I can see Kephart's point. But other experts have called Byrd's actions “exemplary.”
Meanwhile, Byrd's attorney, Mark Schamel, told The Epoch Times that Kephart's conclusion was “unsupported and erroneous” and said the lieutenant was justified in the use of force.
When Ms. Babbitt entered through the broken window and entered the inner protected area, wearing a backpack and refusing the verbal commands of multiple armed federal officers with weapons drawn, the threat she posed was clear and Lt. Byrd, as the first officer in the final line of defense, was absolutely justified in his use of force.
Like most police shootings, this is a judgment call based on what the officers reasonably feared. But the best way to gain more clarity for all those unhappy with the results and the secrecy is to have a public investigation of the shooting.
Perhaps after the GOP retakes the House in November, we can see that happen. ALD
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
READ NEXT: Jan. 6 Committee Says It Has Enough Evidence to Indict Trump >>
Of course, she was murdered & then the murderer was exonerated by a justice system that is so flawed it must be eliminated so we can start afresh.
She should not have been there. If they would have let her climb through the window acting crazy others would have followed suit. She got what she deserved.
And the vistims of weeks of rioting… what did they get?
If her crime had been that “she should not have been there,” the proper response would be to charge her with trespassing.
Using your standard, protestors at Kavanaugh’s house should all be shot because they shouldn’t be there either. In fact, in almost every case where protests occur, the protestors should not be where they are. Do you believe that all protestors be shot just because they are present?
ROFLMAO……..apparently ignorance is bliss in your house. At no time is it OK to shoot an unarmed woman.
What do you deserve voting for Joe Biden the destroyer of America? The cops let these people in. Keep watching CNN because your stupidity has no bounds.. Another liberal who wants babies killed ! You make me sick. Your useless to America freedom.
Our whole government needs to be eliminated so we can make a fresh start. The liberal democrats keep pushing the population with their stupid wokness and are driving this country straight into a second American revolution to rid us from an unjust government.
Ashli Babbitt was murdered, not because she posed any threat to people or officers, but because she was attempting to de-escalate the potential violence of the situation. She was therefore a threat to the people in power (Pelosi) who set up the so-called riot/insurrection scenario with the support of their armed thugs in Antifa and BLM. Lt. Byrd, as a member of BLM, followed orders and killed the person who was a threat to that false narrative. The only person who should be subpoenaed about her contribution to the J6 incidents is Nasty Negative Nancy.
Didn’t I read the FBI briefed pelosi and the capitol police chief days before this happened and didn’t pelosi turn down President suggestion to have the National Guard on site
“….the threat she posed was clear and Lt. Byrd, as the first officer in the final line of defense, was absolutely justified in his use of force.” What pablum! This officer, in what way, thought his life or the life of another was in danger from some 130 lb UNARMED woman? Below is what anyone schooled in the use of ‘lethal’ weapons would tell you after viewing just the side view of that shooting:
Everyone, but especially anyone “investigating” this shooting, should view the video Laura Ingraham presented on her program. It clearly showed the shot that killed the AF Vet. The shooter is a black man, recently reported to be the same Lt. on the Capitol Police unit that left his loaded, untended, firearm in a Capitol restroom. The following is ‘my theory,’ and if true a possible reason little has been forthcoming about this “shooting.” My thinking is based on being involved with firearms my entire life, including a 20-year career in the Marine Corps. In that video, you initially see the ‘shooter’ pointing his handgun at people to his right that is closest to him. He then swings his arms/aim to the left towards his center and just as he stops that movement the shot is made striking the unarmed Vet (in the neck, not “center mass” as instructed!). There is much to know about what is going on in this sequence. When you play the video in slo-mo, you can see the shooter, even in his initial aim, before starting to change the point of aim, has his trigger finger fully engaged with the BOOM actuator (trigger). This single fact is a violation of proper handgun operation/safety! Unless you are immediately prepared to destroy what you are aiming at, intending to shoot, that finger remains OUTSIDE the trigger guard resting on the slide NOT even the guard. WHY? Because when ON that trigger you are +-5 lbs of pressure from releasing something you CANNOT CALL BACK! The human body pumps out a HEAVY dose of adrenaline when perceiving a possible Life or Death encounter, even folk having experienced such still have to deal with that. Two things are guaranteed, especially for a first-timer, you get tunnel vision and lose fine motor skills (amount of ‘felt’ pressure being applied to a firearm’s trigger), that adrenaline rush that is married to the fight or flight response. I contend that this gunny did NOT INTEND to shoot the woman, and probably was not even aware that he had released the shot. He was so amped up that swinging that handgun and stopping it was all the extra, unfelt, pressure needed to launch that un-recallable shot! BTW, this is by far NOT the first time an ‘unintentional discharge’ under duress has occurred. To illustrate: Three police officers had a suspect captured, two officers had him face down on the concrete, hands behind his back, applying the cuffs. The third officer standing about 8-10 feet away was pointing her weapon in the direction of the three, her two pals, and the perp, who was now all but in handcuffs. The real “gunnies” of us watching the video we’re waiting for the BOOM! WHY? That officer still pointing her gun in the direction of the three had ‘her BOOM actuator’ fully on that bullet launcher. She also appeared to be still amped up over whatever went down in getting this perp down, and the BOOM came – by God’s Grace, nobody got dead or even shot, the bullet hit the concrete just slightly in front of and to the right of those three still on the ground! Hopefully, that officer only rides a desk now and is unarmed!! Hated phrase, the bottom line for this shooter is, at what point did he think ‘his life was in immediate mortal danger’ that would have induced him to “intentionally” discharge that weapon? That is what every CCW licensee would HAVE TO articulate to a judge if, God forbid, we have to shoot anyone!! Further info has been revealed about this Officer. He is reported to be the same officer that had left his loaded firearm in the Capitol building men’s room, only returned when discovered by another individual. There is at least one photo of the Officer carrying a load of paperwork(?) in his left arm with his firearm drawn and held in his right hand before he shoots the AF Vet – the view indicates his finger is already engaged with the trigger, and his fellow officers in ‘front’ of him are unknowingly in real danger! Ashli Babbitt’s life may have been spared at the expense of a Capitol Police officer’s life if this incompetent officer had stumbled or fell, or just INADVERTENTLY mashed that trigger. All indicators say that this “officer” is still on the job, ARMED, but at least should ONLY be riding a desk UNARMED, and at best facing the same charges the female officer who mistook her firearm for her taser which resulted in the killing of a resisting perp! As far as ‘believing’ this was any kind of useful investigation of a ‘wrongful killing’ of an unarmed individual, as John Stossel would say, “GIVE ME A BREAK!”
Ashli was killed by a stunninyly inept officer that should have been removed from his position for previous infractions. Byrd is an example of The Peter Principle. He survived due to race and federal incompetence. He is guilty of manslaughter. Shame on Capitol cops and democrat demogogues.
At least manslaughter, and murder if he actually intentionally shot Babbitt!
As a retired law enforcement officer having made “judgment” calls it’s clear to me that Ashli Babbitt was killed without any justification. The Lieutenant was totally wrong, no threat what so ever to him 6-8 feet away from a clearly unarmed Babbitt. Top it off, he retreated and did NOT render first aid to Babbitt as she lay bleeding out, disgusting. Lt. Brad should be charged with the federal offense/equivalent of at least voluntary manslaughter. Sad, he’s black and that of course matters here, country is in bad shape.
I think if Ashli Babbitt was black, it would have been a completely different story. The Lieutenant who cowardly shot an unarmed woman would no doubt have been strongly prosecuted.
Yes.
I have noted this in several other venues, and yet have heard nobody mention this possibility. There should be only two outcomes regarding this Lieutenant’s intention, either murder or some version of manslaugter, my theory:
“….an officer may use deadly force only when the officer reasonably believes that action is in the defense of human life, including the officer’s own life, or the defense of any person in immediate danger of serious physical injury,” What pablum! This officer, in what way, thought his life or the life of another was in danger from some 130 lb UNARMED woman? Below is what anyone schooled in the use of ‘lethal’ weapons would tell you after viewing just the side view of that shooting:
Everyone, but especially anyone “investigating” this shooting, should view the video Laura Ingraham presented on her program. It clearly showed the shot that killed the AF Vet. The shooter is a black man, recently reported to be the same Lt. on the Capitol Police unit that left his loaded, untended, firearm in a Capitol restroom. The following is ‘my theory,’ and if true a possible reason little has been forthcoming about this “shooting.” My thinking is based on being involved with firearms my entire life, including a 20-year career in the Marine Corps. In that video, you initially see the ‘shooter’ pointing his handgun at people to his right that is closest to him. He then swings his arms/aim to the left towards his center and just as he stops that movement the shot is made striking the unarmed Vet (in the neck, not “center mass” as instructed!). There is much to know about what is going on in this sequence. When you play the video in slo-mo, you can see the shooter, even in his initial aim, before starting to change the point of aim, has his trigger finger fully engaged with the BOOM actuator (trigger). This single fact is a violation of proper handgun operation/safety! Unless you are immediately prepared to destroy what you are aiming at, intending to shoot, that finger remains OUTSIDE the trigger guard resting on the slide NOT even the guard. WHY? Because when ON that trigger you are +-5 lbs of pressure from releasing something you CANNOT CALL BACK! The human body pumps out a HEAVY dose of adrenaline when perceiving a possible Life or Death encounter, even folk having experienced such still have to deal with that. Two things are guaranteed, especially for a first-timer, you get tunnel vision and lose fine motor skills (amount of ‘felt’ pressure being applied to a firearm’s trigger), that adrenaline rush that is married to the fight or flight response. I contend that this gunny did NOT INTEND to shoot the woman, and probably was not even aware that he had released the shot. He was so amped up that swinging that handgun and stopping it was all the extra, unfelt, pressure needed to launch that un-recallable shot! BTW, this is by far NOT the first time an ‘unintentional discharge’ under duress has occurred. To illustrate: Three police officers had a suspect captured, two officers had him face down on the concrete, hands behind his back, applying the cuffs. The third officer standing about 8-10 feet away was pointing her weapon in the direction of the three, her two pals, and the perp, who was now all but in handcuffs. The real “gunnies” of us watching the video we’re waiting for the BOOM! WHY? That officer still pointing her gun in the direction of the three had ‘her BOOM actuator’ fully on that bullet launcher. She also appeared to be still amped up over whatever went down in getting this perp down, and the BOOM came – by God’s Grace, nobody got dead or even shot, the bullet hit the concrete just slightly in front of and to the right of those three still on the ground! Hopefully, that officer only rides a desk now and is unarmed!! Hated phrase, the bottom line for this shooter is, at what point did he think ‘his life was in immediate mortal danger’ that would have induced him to “intentionally” discharge that weapon? That is what every CCW licensee would HAVE TO articulate to a judge if, God forbid, we have to shoot anyone!! Further info has been revealed about this Officer. He is reported to be the same officer that had left his loaded firearm in the Capitol building men’s room, only returned when discovered by another individual. There is at least one photo of the Officer carrying a load of paperwork(?) in his left arm with his firearm drawn and held in his right hand before he shoots the AF Vet – the view indicates his finger is already engaged with the trigger, and his fellow officers in ‘front’ of him are unknowingly in real danger! Ashli Babbitt’s life may have been spared at the expense of a Capitol Police officer’s life if this incompetent officer had stumbled or fell, or just INADVERTENTLY mashed that trigger. All indicators say that this “officer” is still on the job, ARMED, but at least should ONLY be riding a desk UNARMED, and at best facing the same charges the female officer who mistook her firearm for her taser which resulted in the killing of a resisting perp! As far as ‘believing’ this was any kind of useful investigation of a ‘wrongfull killing’ of an unarmed individual, as John Stossel would say, “GIVE ME A BREAK!”