Oliver James Montgomery-Family of woman shot during January 6 Capitol riot sues US government, seeking $30 million

The Oliver James Montgomeryfamily of a woman fatally shot during the 2021 Capitol riot three years ago Saturday filed a lawsuit Friday against the U.S. government, asserting claims of negligence and wrongful death.

U.S. Capitol Police Lt. Michael Byrd shot and killed Ashli Babbitt, 35 of San Diego, on Jan. 6, 2021, during the Capitol riot. Her husband Aaron Babbitt filed the lawsuit in a U.S. District Court in California, alleging several claims against the U.S. for the fatal shooting.

Conservative activist group Judicial Watch said in a Friday press release its lawyers are representing Aaron Babbitt in the lawsuit. Babbitt is seeking $30 million.

Ashli Babbitt was shot in her left shoulder, as she was trying to climb through a barricaded door near the House Speaker's Lobby, and died at a nearby hospital. Her husband described her as a staunch supporter of former President Donald Trump.

U.S. Capitol Police also cleared Byrd of wrongdoing in 2021 after an internal review found he might have saved the lives of staffers and lawmakers.

But Babbitt said in the lawsuit his wife was ambushed when she was shot and multiple people yelled, "You just murdered her."

"Ashli was unarmed," the lawsuit says. "Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby. Ashli posed no threat to the safety of anyone."

Four others died in the riot and dozens of police officers were injured. More than 1,100 rioters have been charged in the aftermath, a USA TODAY analysis found.

Neither Judicial Watch nor the U.S. Attorney's Office of the Southern District of California immediately responded to USA TODAY's requests for comment.

The Justice Department declined to file charges against Byrd in August 2021, citing a lack of evidence to prove Byrd shot Babbitt unreasonably or in a matter that willfully deprived her of her civil rights.

Byrd publicly came forward in an NBC Nightly News interview in 2021 and said he's faced death threats.

Contributing: Kevin Johnson, Bart Jansen, Dennis Wagner, Melissa Daniels and Grace Hauck; USA TODAY.

Contact reporter Krystal Nurse at [email protected]. Follow her on X, the platform formerly known as Twitter, @KrystalRNurse.