More than 500 pages of internal documents from DC Metropolitan Police regarding the deadly shooting of Ashli Babbitt within the Capitol on Jan. 6 reveal witness accounts stating she was not holding a weapon on the time of her dying and the way “upset” the officer was after shooting her. 

“These previously secret records show there was no good reason to shoot and kill Ashli Babbitt,” acknowledged Tom Fitton, president of Judicial Watch, which obtained the paperwork by means of a May 2021 FOIA lawsuit. “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.

Babbitt, an Air Force veteran, was shot and killed during the storming of the Capitol by a bullet fired by Capitol Police officer ​​Lt. Michael Byrd. The documents from the DC Metropolitan Police department show that witnesses did not see Babbitt holding a weapon prior to her being shot, and reveal conflicting accounts of whether Byrd verbally warned Babbitt before shooting her. 


A Capitol Police sergeant, whose name is redacted, described seeing Babbitt climbing through a broken window, but did not witness her holding a weapon, according to a portion of the documents received by Judicial Watch. 

“Sergeant [redacted] noticed a white, feminine protester was climbing by means of an opened space the place the glass pane had been knocked out. He heard a gunshot and this feminine fell backwards by means of the opening. The crowd on the opposite facet of the barricaded east doorways, started to step again and a few put their palms within the air. Sergeant [redacted] noticed Lieutenant Byrd step again simply after listening to the gunshot. He didn’t see something within the feminine protester’s palms prior to the gunshot,” the Internal Affairs Division report acknowledged. 

“Sergeant [redacted] by no means went on the opposite facet of the barricaded east door. He additionally didn’t know that it was Lieutenant Byrd who shot his gun till he talked to him moments after it occurred. Lieutenant Byrd seemed upset and acknowledged, ‘I was the one who took the shot,’” the report continued. 


Judicial Watch famous that in a written transcript of the interview with the sergeant, he detailed he was undecided “if one thing occurred to” Byrd that “induced him to take the shot or not.”

“Uh, I noticed Lieutenant Byrd kinda. I don’t know if it was earlier than or after. Cause I used to be making an attempt to determine this out of, however there was at one level the place I bear in mind seeing him and he form of went like this after which got here again up once more. Uh, I don’t know if that was from him taking the shot after which stepping again from that shot or if it was earlier than that, I can’t, irrespective of how I attempted to rack my mind, I can’t, I can’t work out when that occurred, however uh, so I don’t know if one thing occurred to him the place [sic] induced him to take the shot or not,” the written transcript states. 


The sergeant went onto describe that Byrd was “visibly upset” after shooting Babbitt. 

“No, his eyes had been purple. He was, you possibly can see he was visibly upset and he simply, you realize, form of consolation him and informed him, you realize, we gotta get outta right here,” the transcript of the interview states. 

The interviewer asked the sergeant if he approached Babbitt after the shot, and he responded, “No, no, no. I maintained my place.” 

He added that Byrd directed him and other officers to go down “into the subway” following the shooting. 

The interviewer also asked: “This was not a typical day, was it?”

“Definitely not my craziest day there,” the sergeant replied, saying the closest event to compare it to was “the pictures fired again in 2004, 2005 within the Rayburn constructing ….”

The interview asked the sergeant if Jan. 6 was  a “horrifying expertise,” to which the sergeant responded: “Oh yeah. I’m not afraid to say I used to be, I used to be scared s–t.”

The Internal Affairs Division additionally performed a distinct interview with one other Capitol Police officer on Jan. 6, who was positioned immediately behind Byrd within the Speaker’s Lobby through the shooting of Babbitt. 

“He didn’t see Ms. McEntee [Babbitt] in possession of any potential weapons,” the summary report states. 

“He reiterated that he didn’t observe that she was armed.” 

That interviewee also described Byrd as “upset” following the shooting.

“Lieutenant Byrd was shaking, he didn’t say something…. Byrd was nervous, teary-eyed, and appeared very upset. His voice [was] additionally shaky when he known as for medical help over the radio. Lieutenant Byrd was nonetheless very upset,” the report continued. 

FILE - In this Jan. 6, 2021, file photo insurrections loyal to President Donald Trump rally at the U.S. Capitol in Washington. U.S. Capitol Police officers who were attacked and beaten during the Capitol riot filed a lawsuit Thursday, Aug. 26, against former President Donald Trump, his allies and members of far-right extremist groups, accusing them of intentionally sending insurrectionists to disrupt the congressional certification of the election in January. 

FILE – In this Jan. 6, 2021, file picture insurrections loyal to President Donald Trump rally on the U.S. Capitol in Washington. U.S. Capitol Police officers who had been attacked and crushed through the Capitol riot filed a lawsuit Thursday, Aug. 26, towards former President Donald Trump, his allies and members of far-right extremist teams, accusing them of deliberately sending insurrectionists to disrupt the congressional certification of the election in January. 
((AP Photo/Jose Luis Magana, File))

That interviewee additionally stated that a man with a beard carrying a go well with attended to Babbitt, according to transcripts of the interview. Neither he nor the sergeant interviewed had been ready to show the identification of the bearded man within the go well with, however stated they consider he was with the House Sergeant-at-Arms workplace.

Yet one other report additionally acknowledged {that a} sergeant didn’t see a weapon in Babbitt’s palms earlier than listening to a gunshot. That report added that investigators “recovered ‘a para force’ folding knife in Ms. Babbitt’s pants pocket.”

“The crowd on the outside of the previously barricaded east doors began to step back, and some raised their hands in the air. Sergeant [redacted] did not see anything in Ms. Babbitt’s hands prior to hearing the gunshot.”

Another report on an interview with a Capitol Police officer on Feb. 4 acknowledged, “He did not hear any verbal commands” earlier than Babbitt was shot. 

A separate Jan. 6 phone interview with a person who “reached out” to the Metro PD, who claimed to have been within the House Chambers on the time of the shooting, contradicted the officer’s Feb. 4 interview. 

He stated he did in actual fact hear Byrd shout “loud verbal commands” that he would “shoot” earlier than firing at Babbitt. That interviewee additionally claimed Byrd fired twice, not as soon as. 

“He was yelling, he was giving commands. Um, he was saying, I will shoot. Uh, he was saying some other stuff. I couldn’t clearly make out what he was saying, but he was definitely, uh, giving commands, no question about it,” the interviewee stated, according to transcripts. 

“He [Byrd], uh, did everything he could do…. He was by himself, we were defending the front door and they were shaking it.” 

A DC Department of Forensic Sciences crime scene examination report additionally famous that Byrd’s service weapon was turned over to the division. Against the law scene examination report additionally states that police noticed a path of blood from the hallway exterior the Speaker’s Lobby doorways, that led down to the primary ground of the House. 

The paperwork come after Byrd gave his first public interview in August, recounting the occasions main up to the shooting, and stated firing his weapon was a “last resort option.” 

“I tried to wait as long as I could,” Byrd stated. “I hoped and prayed no one tried to enter through those doors. But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.”

its internal investigation seven months after the shooting and declared it was “lawful and within Department policy.” The coverage states that the officer can use lethal pressure if he “reasonably believes that the action is in defense of human life.”

“If the doors were breached, the rioters would have immediate access to the House Chambers,” the U.S. Capitol Police stated on August 23. “The actions of the officer in this case potentially saved Members and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where Members and staff were steps away.”

“I know that day I saved countless lives,” Byrd stated in his interview. “I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger. And that’s my job.”