Ashli Babbitt was the victim of an "ambush," says the Babbitt family attorney planning a wrongful death lawsuit soliciting more than $10 million in losses against the Capitol Police and the police who killed the lady during the Capitol riot on Jan. 6.

The occurrence was caught on video revealing the officer off to the side operating a gun and Babbitt making her way through broken glass-paneled doors. eAt the center of the discussion is the question of what was screamed and heard in the moments before Babbitt got shot. Terry Roberts, a Maryland personal injury lawyer who practices in police misconduct cases, differs from the claims by the officer's lawyer that his client began a verbal warning before firing his firearm.

“It’s not debatable,” Roberts told RealClearInvestigations. “There was no warning.”

Babbitt, a 35-year-old Trump advocate who served in the Air Force for over a dozen years, was shot as she tried to breach a door leading to the Speaker's Lobby as the Capitol Police evacuated members of Congress during the breach. She was carried to Washington Hospital Center, where she succumbed to her wounds.

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DEMOCRATS RAMPING UP PRESSURE ON BIDEN TO SHUTTER GUANTANAMO

The officer, whose name remains shrouded in mystery despite probing questions by former President Donald Trump and others, shouted warnings leading up to the single shot, according to the officer's legal representation.

"It’s a false narrative that he issued no verbal commands or warnings,” the officer's lawyer, Mark Schamel, previously told RealClearInvestigations. "He was screaming, 'Stay back! Stay back! Don’t come in here!'"

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Schamel said his client's screams could not be seen in video footage of the incident because his mouth was covered with a mask intended to curb the spread of COVID-19. He also stressed the footage was taken on the other side of the doors, where the rioters were doing a lot of noise, and he has eyewitness affidavits to back that up.

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Though Roberts claims video footage his team has studied shows officers did not react as if they heard the shouts on their side of the doors.

“Those other officers were within earshot. If he’s yelling, they certainly aren’t showing any reaction to it,” he said. “If he was giving any kind of warning, why didn’t they react?”

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In video footage posted to social media, the Washington Post reports a man can be heard screaming multiple times about someone with a gun on the other side, after which someone lifted Babbitt up so she could make her way through an opening where the glass had been broken. That's when Babbitt was shot and dropped to the floor.

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