Gabby Petito’s family files $50 million wrongful death suit against Utah police

Gabby Petito‘s family has filed a lawsuit against police in Moab, Utah, accusing them of negligence that resulted within the 22-year-old’s death final yr. They are looking for $50 million in damages.

The lawsuit, filed by attorneys representing Joseph and Tara Petito and Nichole and Jim Schmidt, names the Moab Police Department; three of its officers: “Palmer,” “Pratt” and Daniel Robbins; and 10 different unnamed defendants and accuses them of “negligent failure” of their investigation into an alleged assault between Petito and her fiancé, Brian Laundrie, a number of weeks previous to her homicide. 

They additionally accuse all the defendants of “wrongful death,” saying that Petito’s “death was caused by their wrongful acts or neglect.”

Petito’s physique was discovered on Sept. 19, 2021, close to a distant campground in Grand Teton National Forest, simply over per week after her family reported her lacking. She had been on a cross-country journey with Laundrie, who was additionally discovered lifeless weeks later in a reserve in Florida after happening the lam. Authorities situated a pocket book close to his stays through which he confessed to killing his fiancée.

Prior to her death, Petito spoke to a number of officers with the Moab Police Department after she and Laundrie had a verbal and bodily struggle in August 2021. Attorneys employed by Petito’s dad and mom allege that the officers “failed in their duty to protect Gabby.”

According to the lawsuit, a 911 caller reported seeing Laundrie slap Petito and hit her whereas chasing her down a sidewalk in Moab. Another witness mentioned they noticed the 2 “talking aggressively” and that “something seemed off” — they mentioned it appeared Laundrie took her cellphone, acquired of their van and tried to depart her, earlier than she climbed over him and into the van.

An officer, recognized by the lawsuit as Daniel Robbins, discovered the couple’s van rushing down a freeway, swerving throughout the middle yellow line and hitting a curb, the lawsuit mentioned. The van then stopped outdoors of Arches National Park, the place Robbins separated the 2 and spoke to them.

Robbins was later joined by his superior, recognized within the lawsuit as Officer Pratt, and two park rangers.

Body cam images from the officers’ interviews with the 2 had been beforehand launched to the general public, however the lawsuit says the images do not paint the total image of what really occurred. An unreleased picture of Petito from that day allegedly exhibits smeared blood on her cheek and her left eye, in addition to the truth that Laundrie grabbed her throughout her nostril and mouth.

The lawsuit additionally contains the images that had been launched to the general public, one in all which, it says, exhibits a mark on her pores and skin. When requested about it, Petito advised the officer Laundrie had grabbed her.

During questioning, Petito confirmed “the classic hallmarks of an abused partner,” in response to the lawsuit, attempting to take the blame for the incident and asking to stick with Laundrie.

In flip, Laundrie advised police that Petito tried to slap him, and he pushed her. At one level he mentioned he tried to take Petito’s cellphone as a result of he did not have his personal, however he later confirmed officers his personal cellphone. Laundrie additionally claimed he wished he and Petito to take separate walks whereas in Moab, which contradicts witness’ statements that he tried to drive off within the van.

The lawsuit accuses the officers of failing to query Laundrie on his inconsistencies. Instead, they discovered Petito to be the “primary aggressor” and Laundrie the sufferer. At this level, Pratt advised the 2 he must arrest Petitio, which neither of them wished.

Pratt referred to as his superior, Assistant Chief Palmer, who advised him to “carefully read the assault statute” and resolve what to do. The lawsuit claims Pratt solely learn a part of it, and had an incorrect understanding of the regulation — he believed that assault is just against the law if the particular person “intended to cause bodily injury.” 

Pratt then advised Robbins, who was his junior, to resolve. Robbins mentioned he did not imagine Petito and determined to not file prices, however to go it on to the town legal professional. Meanwhile, Pratt warned Robbins that if the couple disagreed along with his choice “you might hear about it in a very negative way,” the lawsuit mentioned.

A park ranger additionally disagreed with the choice, saying that “she would rather ‘be dinged for a decision I made than a decision I didn’t make.'” Pratt added after the ranger’s assertion, “especially if they think you were completely negligent in your decision,” the lawsuit mentioned. Pratt adopted by saying he would help Robbins’ choice.

Then, as Robbins was submitting a quotation, Pratt requested if he’d somewhat reply to a different name that had simply are available in. Robbins stayed, however mentioned he wasn’t positive easy methods to proceed. 

In session with Pratt, Robbins cut up up Laundrie and Petito for the evening. Pratt mentioned that if the couple later discovered their means again to 1 one other it would not be their accountability, the lawsuit alleges.

Soon thereafter, Laundrie strangled and beat Petito to death in Wyoming’s Grand Teton National Forest. 

Petito’s family carried out an impartial investigation into the officers’ response, and located that “the officers made several mistakes and could not rule out that Gabby’s murder might have been prevented if the officers had handled the situation properly.”

The Petito family attorneys additionally included tales from native newspapers that allege points among the many Moab Police Department. In one, a number of officers had been accused of ingesting with minors whereas on the job. None of the articles point out any of the officers named within the lawsuit.

“While the full evidence has not yet been made public, when it is released, it will clearly show that if the officers had been properly trained and followed the law, Gabby would still be alive today,” James McConkie, one of many family attorneys, mentioned in an announcement. “Failure to follow the law can have deadly consequences, as it did in this case.”

The family is looking for $50 million in damages.

Petito’s family additionally filed a lawsuit against Laundrie’s dad and mom, whom they allege knew what occurred to their daughter and the place her physique was whereas she was nonetheless lacking. They are looking for $30,000 in damages.

Christopher and Roberta Laundrie responded to the lawsuit in March, calling the claims “baseless” and “frivolous” and looking for to dismiss the suit.