A wrongful dying lawsuit filed by Jan. 6 rioter Ashli Babbitt’s household in opposition to the U.S. authorities will go to trial in 2026, a choose stated Friday throughout a standing listening to within the case.
U.S. District Choose Ana Reyes set a trial date of July 20, 2026, after attorneys for Babbitt’s property and the federal government each stated the 2025 timeline initially ordered by the choose would create a troublesome race in opposition to the clock.
The events initially requested a pretrial schedule within the $30 million swimsuit that may stretch into 2027 earlier than heading to trial round October or November of that yr. Reyes rejected the proposal as “unacceptable” and directed them to create a timeline that may put the trial in December 2025 “at the latest.”
Regardless of submitting a brand new proposal, the events advised the choose {that a} December 2025 trial date may hinder efforts to acquire proof from legislation enforcement, medical personnel and different witnesses within the case, which they stated is anticipated to have “substantial” discovery.
“In mild of those circumstances and the importance of this case, the Events consider {that a} modest extension of the invention interval and trial date could also be warranted,” they wrote in a Thursday joint assertion to Reyes.
Reyes then stated she would contemplate accepting an agreed upon trial date no later than June 2026. However at Friday’s listening to, after the events stated they have been unavailable that June, the choose stated the trial might start in July.
Nonetheless, Reyes ripped into each events over their preliminary proposals for discovery. Although Babbitt’s counsel and the federal government agreed discovery would final about eight months, they disagreed on what number of discovery requests and depositions must be allowed as a part of that course of.
Babbitt’s counsel sought considerably greater than the federal government, suggesting prosecutors aimed to restrict discovery to “shield the facts and avoid or limit liability” for Babbitt’s dying. The federal government contended Babbitt’s attorneys sought to show the case right into a “sweeping inquiry” into Jan. 6.
“This case is not going to turn into a discovery quagmire,” Reyes stated. “You guys are going to work things out. You’re not going to bring any discovery dispute to me, and if one of you decides that you’re going to ignore me for the second time, you had better have the best argument you’ve ever had in your entire life.”
Babbitt was shot and killed by legislation enforcement in the course of the Jan. 6, 2021, assault on the Capitol as she tried to climb by means of a barricaded door to the Speaker’s foyer close to the Home chamber. The capturing, which was captured on video, reworked Babbitt right into a martyr for the political proper, which has portrayed her killing as unjust.
The lawsuit alleges that U.S. Capitol Police Lt. Michael Byrd was negligent when he fired at Babbitt that day, contending he “ambushed” the rioter. However an inside investigation by the U.S. Capitol Police discovered Byrd acted lawfully and inside division coverage, suggesting his actions “potentially saved members and staff from serious injury and possible death.”
Judicial Watch, a conservative authorized group, filed the lawsuit for wrongful dying and assault and battery in January on behalf of Babbitt’s property and her husband, Aaron Babbitt.
