Nearly four and a half years after Ashli Babbitt was fatally shot by Capitol Police Lt. Michael Byrd during the January 6 Capitol breach, her husband, Aaron Babbitt, agreed to a $4.975 million settlement with the federal government on June 6, 2025, resolving a $30 million wrongful death lawsuit. The settlement, reached under the Federal Tort Claims Act, does not admit liability but is seen by some, including Judicial Watch President Tom Fitton, as a tacit acknowledgment of excessive force. Filed in January 2024, the lawsuit accused Byrd of negligence and recklessness in handling his firearm when he shot Babbitt, an unarmed 14-year Air Force veteran, as she attempted to climb through a broken window outside the Speaker’s Lobby. The suit detailed that the bullet caused significant internal injuries and that Babbitt remained conscious and in pain for some time after being shot. Judicial Watch handled the case pro bono, and 25% of the settlement is being held in trust pending resolution of a legal fee dispute with Babbitt’s former attorney, Terrell N. Roberts III.
The complaint further alleged that the U.S. Capitol Police were negligent in supervising Byrd, citing his prior disciplinary issues, including discharging a firearm in 2004 and mishandling his service weapon. While Byrd claimed he feared for his life, the lawsuit asserts he acted without assessing Babbitt’s intentions, noting she was unarmed with her hands visible. The case brought renewed attention to Byrd’s actions and the federal response to the shooting, stirring ongoing debate about accountability and use of force during the Capitol riot.
