The Justice Department announced on Wednesday that it will not pursue charges against the U.S. Capitol Police officer who fatally shot 35-year-old Air Force veteran and Trump supporter Ashli Babbitt during the Capitol riot on Jan. 6, determining there was “insufficient evidence” to support a criminal prosecution.

Last week, Dr. Francisco Diaz, the chief medical examiner for the District of Columbia, determined that Babbitt’s death was caused by a “gunshot wound to the left anterior shoulder,” and her manner of death was ruled a “homicide.” Not all homicides are determined to be unjustified or to be murders. A video shows Babbitt attempting to climb through a window into the Speaker’s Lobby during the storming of the Capitol, when she was shot and killed by a yet-unidentified police officer.

Ashli Babbitt

The announcement about no charges being filed against the officer who killed Babbitt came the same day that it was revealed that Kimberly Potter, the officer who shot and killed 20-year-old Daunte Wright on Sunday, would be charged with second-degree manslaughter.

The Washington, D.C., medical examiner’s office also said last week that “the cause and manner of death for Capitol Police Officer Brian Sicknick are pending” three months after he died. The Capitol Police announced Sicknick, a 42-year-old who joined the agency in 2008, died on Jan. 7, one day after rioters broke into the Capitol as lawmakers counted electoral votes to affirm now-President Joe Biden‘s victory over former President Donald Trump.

This is a developing story. Check back for updates.

Original Location: Officer who shot and killed Ashli Babbitt during Capitol riot will not be charged