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GABBY Petito’s family is not backing down in their fight against police in Utah who claim they should have government immunity in a $50 million wrongful death suit.
The City of Moab demanded the suit be dismissed in April, and a new hearing has now been set for November 20.
Gabby Petito’s family are still ‘fighting for justice’ after filing the suit two years ago[/caption]
Gabby Petito’s parents, Joseph Petito, left, and Nichole Schmidt, seen during a separate court case hearing[/caption]
Brian Laundrie talks to a police officer after cops pulled over the van he was traveling in with his girlfriend, Gabrielle “Gabby” Petito[/caption]
A judge will hear arguments from both sides two years after the suit was first filed by Petito’s parents, Nichole Schmidt and Joseph Petito.
Police were accused in the complaint of “bungling” a traffic stop on August 12, 2021, after a 911 caller claimed to have seen Petito being “slapped” by her boyfriend.
Petito, 22, and her partner, Brian Laundrie, were later pulled over by cops and interviewed.
But when Petito admitted to also hitting him, police deemed her the “primary aggressor” and only told the couple to go their separate ways for the night as no arrests were made.
Petito’s body was found in Bridger-Teton National Forest in Wyoming a month after the traffic stop and autopsy results showed she died by “manual strangulation.”
Laundrie reportedly admitted to murdering her before committing suicide in Florida after returning home.
In its motion to dismiss, counsel for the city claimed it had immunity under the Utah Governmental Immunity Act, arguing that it cannot be held liable for Gabby’s death because she was murdered by her fiancé.
Gabby’s family then challenged this in court filings referencing a 1996 case that is being used in their argument.
We express gratitude to the many people around the country.”
Gabby Petito's parents
Through their attorneys at the law firm of Parker & McConkie, Gabby’s parents, said in a statement on Friday, “We remain undeterred in our commitment to seek justice for Gabby, accountability for Moab and change that will help protect other victims of domestic violence.
“We are confident that the Utah Constitution preserves the right to recover for wrongful death claims under these circumstances, and trust that Utah courts will ultimately uphold that right.”
They added, “We express gratitude to the many people around the country who have continued to support us in our fight for Gabby.”
Since the submission of their opposition, Moab has filed its reply brief, claiming in documents, “Contrary to Plaintiff’s new arguments, the court should dismiss for lack of legal causation and because the Governmental Immunity Act of Utah does not violate the Utah Constitution.”
Moab previously alleged in filings that the suit should be dismissed “as a matter of established Utah law” and slammed it as a “GoFundMe campaign.”
“In this case, Brian Laundrie murdered Petito 15 days after they left Moab together,” they said.
“During that 15-day interval, Petito had her van, keys, and contact with her family.
“Instead of leaving Laundrie, she drove with her fiancé to Wyoming – 400 miles away from Moab.
“Moab’s police department did not cause Petito’s engagement to Laundrie, her decision to remain with him, her decision to continue driving to Wyoming, or Laundrie’s criminal conduct weeks later.”
The city went on, “Petito’s murder is an undeniable sorrow. Laundrie’s crime was undisputedly depraved. But the judicial system is not a substitute for a GoFundMe campaign; heartbreak is not enough.”
Gabby Petito timeline
Gabby Petito, 22, was last seen on August 24, leaving a hotel in Utah. Here is a timeline of Gabby Petito's disappearance:
- June 2021 – Gabby Petito and her fiancé Brian Laundrie set off on a cross-country trip across the US.
- July 4 – Gabby posts photos of herself barefoot in Gove County, Kansas.
- July 8 – Gabby posts photos of herself at the Great Sand Dunes National Park in Colorado.
- July 18 – Gabby and Brian post photos of themselves at Utah’s Zion National Park.
- August 12 – Body camera footage was released in September showing an encounter Brian and Gabby had with police in Utah. Police confirmed that no significant injuries were reported.
- August 19 – Gabby and Brian post a video on their YouTube channel chronicling their trip.
- August 24 – Gabby is spotted leaving a hotel in Salt Lake City, Utah.
- August 25 – Gabby Facetimes her mom, Nichole Schmidt, for the final time. In a later police report, Schmidt said her conversations with her daughter revealed “more and more tension” between her and Brian.
- August 25 – Gabby also posts her last Instagram. No location is given.
- August 27 – Gabby is seen for what’s believed to be the final time. Witnesses claim they saw Brian in an explosive argument with staff at a restaurant in Jackson Hole, leaving Gabby in tears.
- August 27 – Four hours later, travel bloggers driving through Grand Teton National Park drive past the couple’s van “abandoned” on a dirt road.
- September 1 – Brian returns home to Florida without Gabby.
- September 11 – Gabby’s parents report her missing to Suffolk County police.
- September 14 – Brian’s family issues a statement saying he has retained an attorney and will not be cooperating with investigators.
- September 14 – Brian is allegedly last seen by his family. He reportedly told them he was going hiking in Cartlon Reserve but failed to return.
- September 15 – Florida’s North Port police announce Brian is a person of interest in the case. He is not charged with any crime.
- September 16 – Utah police release body camera footage of the police encounter with Brian and Gabby.
- September 17 – Brian’s parents say they have not seen their son in a couple of days and report him missing.
- September 18 – Police announce they were searching Carlton Reserve in Florida for Brian. Police announce they have not found anything.
- September 19 – Authorities in Wyoming say they found a body in Grand Teton National Park. The FBI announces the body was believed to be Gabby’s but a full forensic identification needs to be completed first to confirm.
- September 20 – Police execute a search warrant on Laundrie’s home, seizing his silver Mustang and a hard drive that may contain “evidence relevant to proving that a felony has been committed.”
- September 21 – Officials announce they will be conducting an autopsy on the remains found in Wyoming to confirm whether or not they belong to Gabby. Police also resumed their search for Laundrie, this time on the Venice side of Carlton Reserve.
- September 21 – The FBI announced the body found in Wyoming was identified as Gabby’s. The cause of death was not yet revealed.
- September 21 – The Teton County Coroner’s office said Gabby’s official cause of death was still pending but the initial manner of death is homicide.
- September 22 – Police continue to scour Carlton Reserve for a trace of Laundrie but yield no leads. A specialist dive team is called in to assist with the hunt.
- September 23 – Officials announced a federal arrest warrant for Brian was issued.
- September 26 – Gabby’s funeral was held on Long Island, New York.
- October 12: Gabby’s autopsy results were made public. Teton County Coroner Dr Brent Blue confirmed Gabby died by strangulation.
- October 20: Laundrie’s personal items were found at the Myakkahatchee Creek Environmental Park. A medical examiner was called to the scene.
- October 21: The FBI confirmed the remains found have been identified as Laundrie’s.
- November 23: Laundrie’s autopsy reveals he died from a gunshot wound to the head.
- October 1, 2022: The Gabby Petito Story premieres on Lifetime.
In the 14-page motion to dismiss, the city referenced multiple different cases where a crime was later committed after police involvement.
The filing alleged, “In this case, Laundrie murdered Petito ‘[r]oughly two weeks after’ their interaction with the Moab Police Department.
“That crime happened hundreds of miles away from Moab ‘at a campsite in Wyoming.’
“Moreover, the crime occurred after Moab separated Petito and Laundrie. During that time, Petito had ‘her van,’ where she had been camping.
“But she did not drive away or leave Laundrie. Indeed, Petito had declared, ‘I don’t want to be separated’ because ‘she and [Laundrie] were ‘a team.’
“Given these alleged facts, Plaintiffs cannot establish legal, or proximate, causation as a matter of law.”
The City of Moab has retained Mitchell A. Stephens, a top-rated business litigation attorney in Salt Lake City, to represent them in the case.
In a statement, he previously told The U.S. Sun, “The Moab City Police Department did not cause Brian Laundrie to murder Gabrielle Petito.
“When called, Moab’s officers responded with kindness and respect.
“They also separated Ms. Petito and Mr. Laundrie for the night. The next morning, Ms. Petito and Mr. Laundrie chose to continue their ongoing road trip, traveling hundreds of miles together over the following weeks.”
Petito’s dad hit back at claims the suit is nothing more than a “GoFundMe Campaign,” telling The U.S. Sun, “Honestly, Moab’s response and attitude is infuriating.
“The official investigative report concludes the officers made serious mistakes.
“The Moab officers themselves googled the law, acknowledged they had no discretion, and that failing to follow the statute could cause victims to get killed. It’s all on video.
“Then they just chose to not obey the statute, and that’s exactly what happened.
“Gabby was killed. Their inability to take responsibility for their failures is inexcusable. That is why we have to pursue this case.”
Brian Laundrie strangled Petito to death before admitting to the murder in a suicide note[/caption]
A photo of killed blogger Gabby Petito taken moments before Moab City police stopped her and her fiance[/caption]
