You were talking about murder which is a criminal charge. Not going to happen.
Now you have moved to a wrongful death civil action. Which will probably happen. However I don’t know if D.C. has jury civil trials or bench trials. Maybe a mix depending on what is requested and approved by the Judge? Don’t know for sure.
#1 The families lawyer in the spring was adamant about filing a civil case. To my knowledge here we are 9 months after the shooting and no case filed yet.
#2 Then we have pre-trial motions requesting a dismissal for it being a frivolous lawsuit, which it will be seeing has how the shooting was justified.
#3 Then there are pre-trial motions to dismissed based on qualified immunity and since Lt. Byrd’s action were reasonable under the reasonable person theory for self defense and the protection of others and there was no personal negligence.
#4 Then you might get to a jury trial (if they have juries in D.C. for civil cases) and given the fact that the shooting was reviewed by both the DOJ and Capitol Police in terms or reasonableness and adherence to protocols, a “conviction” is unlikely.
#5 More likely is that the family will make a buck through pre-trial settlement and will be paid to go away (which is probably their true desire) and the will be no admission of “guilt” as part of the settlement.
He shot the first person in the mob to breach the law enforcement barricade. Smart move, it gave the others pause and time for reinforcements to arrive.
No, he shot the first rioter that breached the law enforcement barricade that was the last line of defense prior to the mob having access to the House Chamber. She presented a clear and present danger and he acted appropriately.
