U.S. Capitol Police Lt. Michael Byrd, who fired the fatal shot that took the life of Ashli Babbitt on Jan. 6, 2021, claimed that shots were being fired at him in the Speaker’s Lobby and that he was prepared to fire back, according to a federal lawsuit filed by Babbitt’s widower, Aaron Babbitt of San Diego.
The lawsuit is backed by Judicial Watch, and Babbitt is seeking $30 million from the U.S. government for wrongful death.
The OPS2 dispatch channel used by Capitol Police on Jan. 6 recorded the radio dispatch of Byrd’s claim. The Epoch Times obtained the exclusive recording, which had not been publicly disclosed before. According to the lawsuit, Byrd fired his Glock 22 .40-caliber pistol, striking Babbitt in the left shoulder. Following the shooting, Byrd announced that he was being fired upon and was ready to return fire. However, no shots were fired at him or his fellow officers.
A few minutes before the shooting, a police dispatcher mistakenly reported that shots were being taken into the House floor. Byrd erroneously believed and acted on this false report or radio call as he left the House floor and moved across the Speaker’s Lobby to the adjacent Retiring Room, according to the lawsuit. It is unclear why Byrd made the statement that he was taking fire and prepared to fire back. The radio dispatch occurred up to a minute after he fired on Babbitt.
Video footage shows Byrd emerging in a shooting stance with both hands holding the Glock as he fired the fatal shot at Babbitt. According to the lawsuit, “the facts speak truth. Ashli was ambushed when she was shot by Lt. Byrd. Multiple witnesses at the scene yelled, ‘You just murdered her.'” Byrd, who is now a captain with U.S. Capitol Police, was never charged, punished or disciplined for Babbitt’s homicide.
The lawsuit filed by Aaron Babbitt seeks to hold Byrd accountable for his actions and to bring justice to Babbitt’s family. The recording of Byrd’s radio dispatch sheds new light on the events leading up to Babbitt’s death and raises questions about his claims of being fired upon. The lawsuit alleges that “no shots were fired at Lt. Byrd or his fellow officers,” contradicting his statements after the shooting. The exclusive audio recording obtained by The Epoch Times provides critical evidence in this ongoing legal battle.
