Shocking Twist: Utah Police Escape Accountability in Gabby Petito Wrongful Death Case

The search for Gabby Petito captured global attention, inspiring amateur detectives to comb through social media for potential clues.

By Sheenu Gupta On Nov 22, 2024 Share with new partner:

On Wednesday, a Utah judge ruled to dismiss the wrongful death lawsuit brought by Gabby Petito’s parents against the city of Moab. The lawsuit alleged that police officers failed to take adequate measures to protect their daughter during a traffic stop, despite signs of potential danger. Weeks after the stop, Petito was tragically killed by her fiancé, Brian Laundrie.

Judson Burton, the attorney representing Petito’s parents, argued that a state law shielding government agencies from such lawsuits is unconstitutional. Following the dismissal, Burton announced that the family intends to appeal the decision, signaling their continued pursuit of accountability in the case.

Seventh District Court Judge Don Torgerson ruled that he was unable to address the constitutionality of a state law protecting government agencies from lawsuits, but noted that the Court of Appeals could review the matter, according to KSL-TV. Following the dismissal of the wrongful death lawsuit, Gabby Petito’s family stated that they had expected this outcome. They expressed their determination to continue fighting for justice, hoping that the Utah Supreme Court would uphold the original intent of the Utah Constitution to allow wrongful death claims in such cases.

Gabby Petito, 22, was traveling across the country in a converted camper van with her fiancé, 23-year-old Brian Laundrie, and sharing their journey on social media when they were stopped by Moab police on August 12, 2021. A caller had reported seeing a man slap a woman, but officers determined that Petito was the aggressor, and they decided to separate the couple for the night.

Petito’s parents last heard from her in late August, and on September 11, 2021, they reported her missing after Laundrie returned home alone to Florida. The case drew widespread attention, with amateur sleuths combing through social media for clues. It also prompted criticism over the media and law enforcement’s disproportionate focus on missing white women compared to women of color.

Laundrie, who was named a person of interest in the case, disappeared two days before Petito’s body was discovered on September 19, 2021, near Grand Teton National Park in Wyoming. An autopsy confirmed that Petito had been strangled. A month later, Laundrie’s remains were found in a Florida wildlife reserve. Authorities determined that he died from a self-inflicted gunshot wound, and in a notebook, Laundrie confessed to killing Petito.

An independent investigation later revealed that Moab police had made several unintentional mistakes during their interaction with the couple. Investigators suggested that Petito had likely been a long-term victim of domestic violence, whether physical, mental, or emotional.

In November 2022, Joseph Petito and Nichole Schmidt, the parents of Gabby Petito, filed a lawsuit against the Moab Police Department, seeking $50 million in damages. Their attorney, Judson Burton, stated on Wednesday that during the police encounter, Gabby called her parents and reassured them that the officers would handle the situation. Her parents, trusting the police, relied on them to protect their daughter. Burton argued that the police’s “grossly negligent” investigation increased the risk to Gabby’s safety.

Burton also pointed out that while Gabby was placed in a police car, the officers appeared to sympathize with Brian Laundrie, laughing and interacting with him, which could have emboldened him. He criticized one officer who acknowledged the potential for domestic violence but failed to act appropriately in response.

On the other hand, Mitchell Stephens, the attorney for the Moab Police, argued for the lawsuit’s dismissal, citing governmental immunity. He contended that any connection between the Moab Police and Gabby’s eventual death was speculative. Stephens emphasized that the couple left Moab together and continued their travels. He referenced previous cases where courts did not hold police responsible when domestic violence later escalated to murder. “Moab is not liable for criminal conduct that happened a month later in another state,” Stephens said, adding that Brian Laundrie was solely responsible for Gabby Petito’s death.