Ashli Babbitt's family announces lawsuit against Capitol Police officer in fatal shooting

The family of Ashli Babbitt, fatally shot by U.S. Capitol Police during the Jan. 6 Capitol riot, says it filing a civil suit against the officer who shot her.

The lawsuit follows the Justice Department announcing earlier in the month that it will not pursue criminal charges against the unnamed officer who shot Babbitt has she tried to climb through a broken door window inside of the Capitol building.

The department said there was insufficient evidence to pursue such charges.

"The family and I were disappointed in DOJ’s decision, but my role is to bring a civil action and, in that way, vindicate her rights," Terry Roberts, the family's attorney, told Newsmax on Monday.

Still, Roberts argues there is enough evidence to put forward criminal charges against the officer who shot Babbitt – a military veteran from Lakeside, Calif., who was 35 at the time of her death.

"Clearly, the officer had the required willfulness," Roberts said. "He clearly could see that she was not armed, she did not present an immediate threat to him, and there was no legal justification for shooting her."

Roberts argues that the officer did not warn Babbitt, who was trying to enter the Speaker's Lobby just off the House floor, before shooting her and that the officer should have been charged.

The family says the yet-to-be-filed case will allege a violation of Babbitt's constitutional rights.