Capitol Police Officer Who Shot Ashli Babbitt Speaks (but Shouldn't Have)
At last he speaks. We now know what has long been an open secret, that it was Lt. Michael Byrd of the U.S. Capitol Police who shot and killed Ashli Babbitt on Jan. 6. In his
interview with NBC’s Lester Holt, Byrd was inconsistent in his grasp of the facts, self-contradictory, and ill-informed on the law governing police use of force. If this is how he performed under Holt’s gentle questioning, it’s easy to speculate on how he would hold up under cross-examination by a competent and even mildly aggressive attorney, and I am more confident than ever that the government will settle with Babbitt’s family rather than risk a trial featuring Byrd as the key witness.
Understand that it is not only Byrd himself who will be accused in the wrongful death suit yet to be filed. His department will also be named when the suit is brought in the jurisdiction the plaintiffs choose, and in speaking with Holt, Byrd exposed some departmental deficiencies a jury may see as having contributed to Babbitt’s death. For example, Byrd says his assigned detail, which was dedicated to protecting the House Chamber, was operating at about one-third of its customary manpower on Jan. 6, this due to COVID protocols and the need to divert officers to the demonstration. Byrd was comfortable with this, he tells Holt, because his department had not received “specific intel that would require us to change or adjust our posture.”
This is not to suggest Byrd himself was responsible for the lack of advance information or for personnel decisions, but people above him in his chain of command certainly were. And surely there were those within the myriad agencies of the federal security apparatus who knew the crowd would be large and that some people within it were potentially violent. Was this information relayed to the Capitol Police? If not, why not, and if so, why wasn’t it acted upon?
Byrd also spoke of the confusion and his own lack of information in the moments leading up the shooting. Through his police radio and in emails he received on his phone, he heard the reports that rioters had breached the Capitol and that officers were being injured. “There was reports of shots fired through the House main door,” he says, “onto the floor of the Chamber.” He later learned that report was unfounded, but in that moment this information understandably affected his thinking.