Andrew Branca offers his analysis of the Ashli Babbitt shooting:
Regardless of whether her shooting meets the legal conditions for a justified use of force, her death is a great loss. A proper legal analysis, however, must be limited to the actual relevant evidence and the actual law and must exclude every other factor.
To A Reasonable Degree of Legal Certainty: Justified
Recall that the fundamental questions in this case, as in any use-of-force case involving the justifications of self-defense or defense of others is:
Is it tenable, given the evidence, that that prosecution can disprove any one of the required elements of self-defense—either Innocence, Imminence, Proportionality, Avoidance or Reasonableness—beyond a reasonable doubt?
I would suggest that the answer to this question is, no.
Let it be noted that Mike McDaniel has a different take.
Honest, professional officers in the Capitol Police know this was, in police parlance, a “bad shoot.” Honest, professional prosecutors in the Department of Justice, if any such thing exists there these days, know this was some degree of murder. I’ve explained the law as it’s taught to police officers across the nation. Based on all I know and can infer, Byrd is no hero. He’s an unlawful killer, a premeditated murderer.