The lawyer for Ashli Babbitt, the pro-Trump protester who was shot and killed inside the United States Capitol on Jan. 6, has confirmed that a lawsuit will be submitted against the United States Capitol Police.

TrendingPolitics reports that lawyer Terry Roberts said that he and Babbitt’s family were disappointed in the Department of Justice’s decision to drop the investigation into an anonymous Capital police officer who shot Babbitt, but his role “is to bring a civil action and vindicate her rights in that way.” 

“This is a situation in which the officer could have easily arrested her if he had grounds to arrest her without using deadly force,” Roberts said. “This was an egregious act of excessive force.”

In response to the DOJ’s decision issued earlier this month, Roberts argued that a 14-year veteran and unarmed person like Babbitt did not pose any danger to the officer or other person when she was shot.

“At 5′ 2″ tall and 110 pounds, an arrest of Ashli could have been accomplished by a single trained officer with a set of handcuffs ,” he said. “However, the officer who shot Ashli never attempted to arrest her, nor did he call on his fellow officers to arrest her. Instead, he fired a shot into her chest.”

“Witnesses confirm that the officer did not give Ashli a single verbal warning prior to firing,” he added. 

He also raised concerns about the police behavior during the incident on that day. 

“Some of those officers had just allowed protesters access to the door by stepping aside,” he continued. “Other officers, dressed in full tactical gear, stood among the protesters just a few feet behind the door. Still others stood casually at the opposite end of the Speaker’s Lobby, unconcerned with the activities of Ashli and the protesters around her.”

The unknown Capitol Police officer fatally shot Ashli Babbitt as she crawled through the smashed window while police officers looked on without intervening. The police officer’s identity has been hidden. He was not charged with any crimes after shooting the unarmed woman.

According to Roberts, the facts that surround the shooting were ignored by either the Capitol Police or any other government authority. He and Babbitt’s family haven’t received an official explanation or justification for the use of lethal force in this case.

Roberts concluded with an appeal for fairness and honesty.

“We will continue to investigate this matter. We intend to take appropriate legal action when our investigation has been completed. We call upon the Capitol Police as well as the United States Congress to make public the facts and circumstances of Ashli’s shooting,” he said.