The Capitol Police officer who fatally shot Ashli Babbitt during the January 6 riots, and was later promoted, has a significant internal affairs and disciplinary record, including firearm-related incidents, according to findings from a congressional investigation.

The investigation revealed issues in Captain Michael Byrd’s record, including failing a shotgun qualification test, being denied an FBI background check for a firearm purchase, serving a 33-day suspension for losing a weapon, and being referred to Maryland state prosecutors after firing his gun at a stolen car fleeing his neighborhood. These details come from congressional and police documents obtained by Just the News.

Byrd’s record was uncovered as part of a broader investigation by the House Administration Oversight Subcommittee into the Capitol Police disciplinary process. The findings were detailed in a letter sent Wednesday by the subcommittee’s chairman, Rep. Barry Loudermilk (R-Ga.), to Capitol Police Chief Thomas Manger, in which Loudermilk raised concerns about Byrd’s promotion to captain.

“This Subcommittee is dedicated to ensuring USCP has autonomy from political pressures so it can make operational and personnel decisions,” Loudermilk wrote in the letter.

“However, based on the information obtained by the Subcommittee regarding USCP’s handling of Captain Byrd following January 6, 2021, and his significant disciplinary history, I have concerns about USCP’s decision to promote him to the rank of Captain,” the letter added.

The incidents outlined in Loudermilk’s letter are supported by congressional records and police reports dating back as far as 2004. They include:

• A 2004 incident where Byrd, who was off duty, fired his weapon at a stolen vehicle as it was fleeing his residential neighborhood;
• A 2015 “conduct unbecoming an officer” complaint filed by a fellow officer after Byrd, again off duty, confronted him while the officer was working at a high school football game in an incident with racial overtones; 
• A 33-day suspension in 2019 after Byrd left his service weapon unattended in a public Capitol Hill bathroom; 
• A failure to pass a routine background check shortly after Jan. 6 when attempting to purchase a shotgun for home protection, after the USCP worked to provide Byrd a department-issued shotgun instead, he failed the training; and
• Three further referrals to the Capitol Police Office of Professional Responsibility for which records are reportedly missing.

An internal USCP investigation completed in August 2021 determined that then-Lieutenant Byrd’s conduct was “lawful and within Department policy.” As a result, the department concluded that Byrd would not face any internal discipline for the officer involved shooting. 

“[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,” USCP policy says. 

“The actions of the officer in this case 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,” USCP determined, concluding that Byrd’s actions were justified.