Lawyer for Ashli Babbitt’s family slammed after claiming officer ‘ambushed’ her during Capitol riot

The family of Ashli Babbitt, the woman who participated in the storming of the U.S. Capitol on Jan. 6 and whose shooting death by a Capitol police officer was caught on video, is planning to file a $10 million wrongful death lawsuit against the Capitol police and the officer who shot her.

The officer's attorney, however, is vehemently disputing the allegations.

Speaking to Real Clear Investigations, the lawyer hired by Babbitt's family said that he believes the officer didn't give her a verbal warnings before he fired.

"It's not debatable. There was no warning," Roberts alleged. "I would call what he did an ambush. I don't think he's a good officer. I think he's reckless."

But according to the lawyer for the unidentified officer who killed Babbitt, the claim that he issued no verbal commands before firing is false.

"It's a false narrative that he issued no verbal commands or warnings. He was screaming, 'Stay back! Stay back! Don't come in here!'" Mark Schamel told Real Clear Investigations.

"Lethal force is appropriate if the situation puts you or others in fear of imminent bodily harm," he continued. "There should be a training video on how he handled that situation. What he did was unbelievable heroism."

The officer was cleared of wrongdoing by the U.S. Justice Department, which said in April "there is insufficient evidence to support a criminal prosecution."

"In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Ms. Babbitt of a right protected by the Constitution or other law," the DOJ said. "Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so 'willfully,' which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law."