A federal judge set a trial date in a wrongful death lawsuit over the fatal shooting of a January 6 rioter, Ashli Babbitt, while she was trying to breach a barricaded door in the U.S. Capitol building. 

Judicial Watch, which is representing Babbitt’s family in the lawsuit, announced on Monday that a District Court for the District of Columbia judge, Ana Reyes, scheduled the trial for July 20, 2026. Babbitt, who lived in San Diego and operated a business with her husband, was shot by a U.S. Capitol Police officer, Lt. Michael Byrd, in the Capitol building on January 6. 

“Ashli Babbitt’s family is relieved Ashli’s case is moving forward to trial on all fronts. They seek justice and accountability for Ashli’s violent and lawless death at the hands of U.S. Capitol Police Lt. Byrd,” Judicial Watch’s president, Tom Fitton, said on Monday. 

Babbitt, 35, experienced “extreme pain, suffering, mental anguish, and intense fear,” upon being shot, the lawsuit, which includes claims against the federal government for wrongful death, assault and battery, and negligence, states. The Sun reached out to the Department of Justice for comment.

“Lt. Byrd later confessed that he shot Ashli before seeing her hands or assessing her intentions or even identifying her as female,” the lawsuit claims. “Ashli was unarmed. Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby. Ashli posed no threat to the safety of anyone. Not one member of Congress was in the lobby, which was guarded by multiple armed police officers.”

In its internal investigation into the shooting, Capitol Police determined that “the officer’s conduct was lawful and within Department policy, which says an officer may use deadly force only when the officer reasonably believes that action is in the defense of human life, including the officer’s own life, or in the defense of any person in immediate danger of serious physical injury,” adding that he would not face any internal discipline. 

The police said that the shooting “potentially saved Members and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where Members and staff were steps away.”

The investigation noted that the rioters, who had shattered the glass door leading into the Speaker’s Lobby, would have had “immediate access to the House Chambers” if the doors were breached.