Ashli Babbitt's Family File Wrongful Death Lawsuit In Jan. 6 Insurrection Death: Reports

SAN DIEGO, CA — The California woman who was fatally shot by a Capitol Police officer during the Jan. 6, 2021, insurrection in Washington, D.C. has filed a $30 million wrongful death lawsuit against the federal government, according to reports.

In a moment caught on cell phone video footage, Ashli Babbitt was shot while she tried to climb through a broken door into the Speaker's Lobby outside the House Chamber while a massive mob of Donald Trump supporters breached a perimeter as lawmakers were about to certify President Joe Biden the winner of the 2020 election.

The lawsuit states that Babbitt, a 35-year-old Air Force veteran from San Diego, was "like a great many other patriotic Americans attending the rally," and "walked to the Capitol peacefully," and that she was there "to exercise what she believed were her God-given, American liberties, and freedoms," NBC reported.

In the lawsuit, which was filed Friday in Southern California, her family claims she was not armed and was waving her hands in the air as she was shot by Lt. Michael Byrd, according to CBS.

"Ashli posed no threat to the safety of anyone," the lawsuit states, and then goes on to allege that she was actually "ambushed" by Byrd, whom the family's lawyers say was "not in uniform," "did not identify himself as a police officer" and did not issue a warning before opening fire, according to the outlet.

Babbitt went to D.C. because she "loved her country and wanted to show her support" for Trump and that she "did not go to Washington as part of a group or for any unlawful or nefarious purpose," according to the lawsuit obtained by CBS.

Byrd told NBC News he pulled the trigger as a "last resort," going on to add that he tried "to wait as long" as he could and "hoped and prayed no one tried to enter through those doors. But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers."

The Department of Justice declined to prosecute Byrd and the Capitol Police said he would not face any disciplinary charges.

Babbitt was one of five people who died during or after the insurrection, including a Capitol Police officer.