Cop who killed Ashli Babbitt has ‘significant’ discipline history, including gun incidents: Report
Posted For: Rotorblade
A House oversight subcommittee has raised concerns about the promotion and treatment of U.S. Capitol Police officer Michael Byrd, the officer who fatally shot Ashli Babbitt during the January 6, 2021 breach of the Capitol.
In a letter dated Nov. 20 to Capitol Police Chief J. Thomas Manger, Rep. Barry Loudermilk (R-Ga.), chairman of the House Administration Subcommittee on Oversight, outlined what he described as a “significant” disciplinary history involving Byrd, along with what the subcommittee views as preferential treatment following the shooting.
Despite multiple referrals to the Capitol Police Office of Professional Responsibility (OPR), Byrd was promoted from lieutenant to captain in 2023. According to Loudermilk, records for three disciplinary cases involving Byrd are missing, limiting the subcommittee’s ability to conduct full oversight.
The letter, first reported by Just the News, states that Byrd received a $36,000 retention bonus in August 2021, far exceeding the $3,000 bonuses given to many other officers, including some injured on Jan. 6. Capitol Police also paid more than $21,000 for security upgrades at Byrd’s home and covered the cost of housing him at Joint Base Andrews, where accommodations totaled more than $35,000 over several months.
Loudermilk also noted that Byrd was instructed not to undergo a fitness-for-duty evaluation after Jan. 6 due to concerns he might fail and be unable to carry a firearm.
Byrd currently earns approximately $189,787 annually and is assigned to the Library of Congress, according to a Capitol Police source.
January 6 Shooting
Byrd shot Ashli Babbitt at approximately 2:44 p.m. on Jan. 6 as she attempted to climb through a broken window leading to the Speaker’s Lobby. He was cleared by both the Department of Justice and Capitol Police. Byrd did not sit for an interview with Metropolitan Police Department detectives investigating the shooting.
In a 2021 interview with NBC News, Byrd said he feared for his life but acknowledged he could not see whether Babbitt was armed or even identify her gender at the time.
Prior Firearms Incident
The subcommittee’s letter also detailed a 2004 incident in which Byrd, then a sergeant, fired his service weapon near his Maryland home after reporting that two vans attempted to strike him. Investigators later determined that one bullet struck a vehicle from behind, contradicting Byrd’s account that the vans were advancing toward him. His neighbor told police he was in the line of fire.
OPR concluded Byrd violated weapons and use-of-force policies by firing his weapon in a “careless and imprudent manner,” though a disciplinary review board later overturned those findings.
Other Disciplinary Referrals
In 2015, Byrd was suspended for seven days without pay after an altercation with a Montgomery County police officer at a high school football game, during which Byrd was accused of shouting profanities and acting in an unprofessional manner.
In 2019, Byrd received a 33-day unpaid suspension after leaving his loaded service weapon unattended in a public restroom at the Capitol Visitor Center for nearly an hour.
Additional Benefits and Accommodations
After Jan. 6, Capitol Police helped Byrd establish a GoFundMe account that raised more than $164,000. The department initially considered using its Memorial Fund to compensate Byrd for lost overtime before reversing course due to the fundraiser’s success.
Byrd also received dignitary-protection details, including escorts to off-base locations. On one occasion, officers reportedly accompanied him to a cigar lounge, requiring extended protection coverage.
In September 2021, Byrd failed a federal background check when attempting to purchase a shotgun. Despite this, Capitol Police explored providing him with a department-issued shotgun. He later failed a shotgun proficiency test and was not issued the weapon.
Telework and Leave Issues
The report states that Byrd entered a telework agreement in July 2021 but did not return to work for several months and was not disciplined. Capitol Police extended his paid administrative leave and encouraged other officers to donate their leave time to him.
Byrd did not return to duty until December 2021, nearly a year after Jan. 6.
Ongoing Legal Action
The oversight findings parallel allegations in a $30 million wrongful-death lawsuit filed in 2024 by Judicial Watch on behalf of Ashli Babbitt’s estate. The suit alleges Byrd violated multiple Capitol Police standards related to firearm use, threat assessment, warnings, and medical response.
Loudermilk said the subcommittee’s findings raise serious questions about Byrd’s promotion and asked Chief Manger to respond to a list of document and information requests. As of publication, neither Capitol Police leadership nor Byrd’s attorney had responded to requests for comment.
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