She was among the rioters. She obviously entered the Capitol on trespass and was engaged with the protesters at that door to the Speaker's hallway in breaking in. Those are crimes. But that said, it doesn't entitle the police to shoot her dead for them.
She wasn't "peaceful." But she also wasn't an immediate and violent threat needing the application of deadly force. Byrd was an incompetent police officer promoted to a position well above his level of competence and probably should have been fired for previous incompetent and stupid acts he did.
I don't excuse Babbitt, but I don't exonerate Byrd either.
In a way, Byrd is getting karma catching up with him with this daycare thing that will probably result in felony charges.