The U.S. Department of Justice has agreed in principle to pay $5 million to the family of Ashli Babbitt, the Air Force veteran fatally shot by a Capitol Police officer during the January 6, 2021, riot at the U.S. Capitol, Fox News has learned.
The agreement, disclosed during a court hearing on Friday, comes as part of a settlement to resolve a $30 million wrongful death lawsuit filed by Babbitt’s estate, led by her husband, Aaron Babbitt. The suit alleged excessive force was used when Babbitt attempted to climb through a shattered window near the Speaker’s Lobby—an area that had been barricaded during the breach.
Babbitt was among the crowd of individuals who stormed the Capitol following the certification of President Joe Biden’s electoral victory. Video footage captured during the riot shows Babbitt wearing a patriotic-themed backpack and a Trump flag as a cape. She is seen attempting to enter the barricaded area through a broken pane when a single gunshot is heard, causing her to fall backward. Additional footage shows others trying to assist her before she collapsed to the ground.
Despite immediate medical attention and transport to Washington Hospital Center, Babbitt succumbed to her injuries.
The Capitol Police officer who discharged the weapon was later cleared of any wrongdoing. Both the U.S. Attorney’s Office for the District of Columbia and the Capitol Police determined the officer acted lawfully and in defense of members of Congress who were under threat during the chaos.
The proposed settlement has drawn criticism from within law enforcement. U.S. Capitol Police Chief J. Thomas Manger expressed concern in a message to his department following news of the agreement.
“In 2021, the Department of Justice found no evidence of criminal conduct by the officer. After a thorough investigation, the shooting was ruled justified,” Manger wrote, as reported by The Washington Post. “This settlement sends a chilling message to law enforcement officers nationwide—especially those with protective duties like ours.”
Formal approval of the settlement remains pending, but both sides have indicated they are moving forward to finalize the agreement.
