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.
Officers directed the memorial procession along the sidewalk. A male voice from the group replied, “You blocked our sidewalk.” Witthoeft was then physically pushed backward by an officer. The group can be heard shouting: “Do not touch us” and “That wasn’t necessary.” Witthoeft appears to have placed her items on the ground before turning around and being taken to the police.
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
After Witthoeft was arrested, Capitol Police issued a statement indicating that Witthoeft was facing two traffic violations. These included obstruction of a roadway as well as failure to follow an order. Witthoeft was taken into custody and issued a citation along with a promise that she would appear in court. In the statement, Witthoeft also stated that she did not possess a permit to show and asked to be detained.
Prosecutors declined to pursue the case on Friday without citing a specific reason.
Gabriel Shoglow Rubenstein, a spokesperson for the Office of the D.C. attorney General, stated that the office had declined to pursue the case against Witthoeft.
A spokesperson for the office stated that they do not comment on decisions, but review each case and determine whether to proceed based on the strength and benefit to public safety.