I. OVERVIEW AND RECOMMENDATION
This memorandum recommends that the United States Attorney's Office for the District of Columbia decline for criminal prosecution the fatal shooting of Ashli McEntee. The incident occurred inside of the United States Capitol, on January 6, 2021. Ms. McEntee, along with hundreds of demonstrators, illegally entered the United States Capitol in an attempt to obstruct Congress from certifying the results ofthe 2020 election. United States Capitol Police Department ("USCP") Lieutenant Michael Byrd fired one round striking Ms. McEntee in the left shoulder, after she started to climb through a broken glass door to enter the Speaker's Lobby which led directly to the floor of the House Chamber that was occupied by members of Congress and/or staff at the time. D.C. Fire and Emergency Medical Services transported Ms. McEntee to MedStar Washington Hospital Center where she later succumbed to her injuries.
This declination is based on a review oflaw enforcement and civilian eyewitness accounts, physical evidence, recorded radio communications, cell phone footage, MPD reports, forensic reports, and the autopsy report for Ms. McEntee. After a thorough review of the facts and circumstances in this case, there is insufficient evidence to prove beyond a reasonable doubt that Lieutenant Byrd violated Ms. McEntee's civil rights by willfully using more force than was reasonably necessary, or was not acting in self-defense or the defense of others.
https://www.judicialwatch.org/wp-content/uploads/2022/06/JW-v-DOJ-Ashli-Babbitt-PROD-2-02462-pgs-19-32.pdf