Charges Dropped Against Ashli Babbitt's Mother, Micki Witthoeft

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As previously reported, on January 6, 2023, Micki Witthoeft was arrested by Capitol Police on the second anniversary of her daughter, Ashli Babbitt’s death. Babbitt was an unarmed protester and Air Force veteran who was fatally shot by a Capitol Police officer outside the House chamber during the January 6 Capitol riots. Witthoeft was on the Capitol grounds to memorialize her daughter when an interaction with police and arrest occurred.

Ashli Babbitt Maryland MVA/Courtesy of the Calvert County Sheriff’s Office via AP

The exchange was with officers directing the memorial procession to the sidewalk while a male voice in the group responded, “You blocked off our sidewalk.” An officer is seen making physical contact with Witthoeft, using his weight to shove her backward. Members of the group can be heard saying: “Do not touch us,” and “That was not necessary.” One officer says “Sidewalk or you’re under arrest,” before Witthoeft seems to place her items on the ground, turning and submitting herself to the arrest, where she is then she is cuffed by an officer.

All charges have been DROPPED against Micki Witthoeft, the mother of Ashli Babbitt, following her arrest on January 6.
She had been accused of failure to obey commands and blocking a roadway by Capitol Police. https://t.co/orlUZK8NbD
— Ford Fischer (@FordFischer) January 26, 2023
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Capitol Police made a statement after Witthoeft’s arrest indicating charges of two traffic violations including obstruction of a roadway and failure to obey an order. Witthoeft was processed and released with a citation and a promise to appear in court. The statement also notes that Witthoeft did not have a permit to demonstrate and that she asked to be arrested.

On Friday, prosecutors declined to pursue the case, without noting a specific reason.

Gabriel Shoglow-Rubenstein, a spokesperson for the Office of the D.C. Attorney General, said the office declined to pursue the case against Witthoeft.

A spokesperson said the office does not comment on decisions but reviews each case and decides whether to move forward based on the strength of the evidence and the benefit to public safety.