The previously undisclosed radio dispatch is also contained on an audio recording obtained exclusively by The Epoch Times of the "OPS2" dispatch channel used by Capitol Police on Jan. 6.

Information on the recording is contained in a federal lawsuit filed on Jan. 5 by Ms. Babbitt's widower, Aaron Babbitt of San Diego. Mr. Babbitt, backed in his lawsuit by Judicial Watch, is seeking $30 million from the U. S. government for wrongful death.

According to the lawsuit, Mr. Byrd fired his Glock 22 .40-caliber pistol, striking Ms. Babbitt in the left shoulder, then announced that he was being fired upon and was ready to return fire.

"In fact, no shots were fired at Lt. Byrd or his fellow officers," the lawsuit stated. "The only shot fired was the single shot Lt. Byrd fired at Ashli. He heard the loud noise of the gunshot. He saw her fall backward from the window frame."

The Epoch Times reached out to Capitol Police and Mr. Byrd's attorney for comment on the lawsuit and its allegations. Mr. Byrd is now a captain with U.S. Capitol Police.

A few minutes prior to the shooting, a police dispatcher mistakenly reported, "They're taking shots into the House floor."

"Lt. Byrd erroneously believed and acted on a false radio call and/or false report of shots fired on the House floor occurring before he left the House floor and moved across the Speaker's Lobby to the adjacent Retiring Room," the suit said.

"A reasonably prudent officer in Lt. Byrd's position would have been aware that, in fact, the report was false and the sound heard on the House floor was glass breaking, not shots fired," the lawsuit alleged.

It is not clear why Mr. Byrd made the statement that he was taking fire and was prepared to fire back. His radio dispatch occurred up to a minute after he fired on Ms. Babbitt, the suit said.