The family of Ashli Babbitt, the woman who was shot and killed by Capitol Police during the Jan. 6 riot, is seeking the records of the officer who shot her after federal prosecutors said charges would not be brought against him.
A lawsuit, which was filed last week in the Superior Court of the District of Columbia, seeks the officer's records, footage of the shooting, and documents and witness statements the Metropolitan Police Department (MPD) got during its investigation, CNBC reported on Tuesday.
A lawyer for the family told CNBC there is another lawsuit coming that plans to seek “an amount well above $10 million.”
Babbitt, who was an Air Force veteran, was shot and killed while she joined hundreds of others in breaking into the Capitol on Jan. 6 to try to stop the certification of President BidenJoe BidenNew York woman arrested after allegedly spitting on Jewish children Former Sen. Donnelly confirmed as Vatican ambassador Giuliani associate sentenced to a year in prison in campaign finance case MORE's Electoral College victory.
The U.S. attorney's office in Washington, D.C., said in April that no charges would be filed against the officer.
"Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber," the statement said. "Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter."
Aaron Babbitt, Ashli Babbitt's husband, then filed a Freedom of Information Act (FOIA) request for records, the filed lawsuit says, but the MPD allegedly missed a May 12 deadline to either comply with the request or reject it.
Family attorney Terrell Roberts told CNBC that the forthcoming financial lawsuit "does not hinge on the current FOIA action against DC’s police department."
The Hill has reached out to the MPD for comment.