In Washington, D.C, the second degree murder statute reads as follows:
Malice aforethought requires a defendant to either:
- intend to kill another,
- intend to inflict great bodily injury,
- possess reckless indifference to an unjustifiably high risk to human life, or
- intend to commit a felony which results in a homicide.
The capitol police officer who shot Ashli Babbitt in the neck/chest clearly intended to kill her or inflict great bodily injury by virtue of his voluntary decision to fire his weapon as he aimed it at her body.
Therefore, the fact pattern has met the elements required for the capitol police officer to be charged with second degree murder in the relevant jurisdiction.
In order to be not guilty of the crime for which he has met the elements, the officer would have to raise an affirmative defense.
I will not address a possible insanity defense here; same for Trump Derangement Syndrome (TDS), which is not formally recognized among liberal judges (yet). The only non-clown-world possibility is for the officer to raise a self defense claim in order to overcome a murder charge.
Under D.C. law, the officer would be entitled to claim self defense if:
(1) he actually believed he was in imminent danger of bodily harm; and
(2) he had reasonable grounds for that belief.
I do not know Ashli Babbitt’s height and weight.
Based on extensive dating of women where things started off with an exchange of photos, applied to several photos of Ashli available on the internet, I am going to guess she was 5’6″ and 133 – 137 lbs. She did not have a gun. She did not have a knife. She did not even have a stick. She was on the other side of a barricade and was surrounded by other protesters demonstrating against the massive electoral fraud that occurred in November of 2020. There were other capitol police officers in her vicinity and she attacked / had the size, strength and/or weaponry to attack exactly none of them.
Despite this, the policeman elected to use deadly force against her. Seeing as he was under absolutely no threat of imminent harm – it was impossible for Ashli Babbitt to hurt the police officer in any way – the self defense claim fails under any reasonable scrutiny.
The capitol policeman is guilty of second degree murder pursuant to the applicable Washington, D.C. statute.
Will he face any accountability? It is unlikely. The government got away with murder at Ruby Ridge and Waco and everywhere else. These are anti-White antifa-adjacent regime operatives and there is the additional probability that a George Soros D.A. is in place in D.C. and has the ability to scuttle the charge. Remember, the police did not shoot a single communist-antifa or b-l-m rioter despite many deaths, riots, incidents of arson, and looting following the overdose death of George Floyd. Additionally, the rare arrest of left-wing shock troops always resulted in no charge from antifa/Soros-adjacent DAs.
THEREFORE, It is unlikely that there will be any justice for Ashli Babbitt. Not in this version of “America.”
One option stands out: