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The family of Gabby Petito, 22, has sued the Moab, Utah, police department, claiming that the officer’s carelessness contributed to their daughter’s death. They claim $50,000,000 in damages.
In a lawsuit filed on behalf of Joseph and Tara Petito and Nichole and Jim Schmidt, the plaintiffs accuse the Moab Police Department, “Palmer,” “Pratt,” and Daniel Robbins, along with 10 other unnamed defendants, of “negligent failure” in their investigation of an alleged assault between Petito and her fiancé, Brian Laundrie, weeks before Petito’s murder.
Petito’s “death was caused by their wrongful conduct or neglect,” the plaintiffs claim, adding that all defendants are guilty of “wrongful death.”
It took more than a week for Petito’s family to find her body, but on September 19, 2021, they discovered it outside a secluded campground in Grand Teton National Forest. She had been on a road trip across the country with Laundrie, who was eventually discovered dead in a Florida nature preserve after going missing himself. Near his body, police discovered a notepad in which he admitted to writing down the details of his fiancée’s murder.
Following a verbal and physical altercation with Laundrie in August 2021, Petito spoke to multiple police with the Moab Police Department before her untimely demise. Parents of Petito’s little child, Gabby, have recruited lawyers who claim the police “failed in their duty to protect Gabby.”
A witness called 911 to report witnessing Laundrie slap and strike Petito as he chased her along a Moab sidewalk, the lawsuit claims. According to a second eyewitness, Laundrie appeared to try to leave her by taking her phone and getting into their van, but she hopped over him and entered the vehicle herself.
The couple’s van was allegedly spotted by an officer named Daniel Robbins speeding down a highway, veering beyond the center yellow line, and colliding with a curb. Robbins then had them get out of the van and have a private conversation just outside of Arches National Park.
Two park rangers and Robbins’ superior, Officer Pratt, joined the suit later.
The cops’ conversations with the two were captured on body camera and made public, but the complaint claims the images don’t tell the whole story. In addition to smearing blood across Petito’s cheek and left eye, Laundrie is also said to have grabbed her across the nose and mouth in an unreleased photo from that day.
In the case, it is claimed that a mark can be seen on her skin in one of the images that were made public. Petito explained to the police officer that Laundrie had seized her.
Petito allegedly displayed “the traditional signs of an abused partner” during interrogation, trying to assume responsibility for the crime and pleading to remain with Laundrie.
Laundrie informed the police that Petito reached for a slap but was pushed away when he retaliated by pushing her. A police officer was first skeptical when he claimed he tried to steal Petito’s phone because he didn’t have one of his own, but the suspect then produced his own handset. Witnesses said Laundrie tried to drive off in the van, but Laundrie insisted he just wanted to go for a stroll with Petito.
The police are accused in the lawsuit of neglecting to properly investigate Laundrie’s inconsistent statements. However, they concluded that Petito was the “principal aggressor” and Laundrie was the victim. Pratt then informed the two that he would have to arrest Petitio, something neither of them particularly wanted.
Assistant Chief Palmer, Pratt’s superior, instructed him to “seriously read the assault statute” and make a decision based on that. The lawsuit alleges that Pratt studied only a portion of the document and erroneously concluded that “intent to cause bodily injury” is a necessary element of assault as a criminal offense.
Finally, Pratt deferred to Robbins, his junior by two years. Robbins stated that he did not believe Petito and that he would not be pressing charges but instead forwarding the matter to the city attorney. Meanwhile, the lawsuit claims that Pratt warned Robbins “you might hear about it in a very terrible way” if the couple disagreed with his choice.
A park ranger voiced her opposition to the ruling by declaring, “I’d rather be dinged for a judgment I made than a decision I didn’t make.” After the ranger finished speaking, Pratt chimed in, “particularly if they think you were absolutely careless in your choice,” according to the lawsuit. Finally, Pratt said that he agreed with Robbins’ choice.
Robbins was writing a ticket when Pratt interrupted him to see whether he’d rather answer a different call. Robbins remained, expressing uncertainty about what to do next.
Based on Pratt’s recommendation, Robbins separated Laundrie and Petito for the evening. The lawsuit claims that Pratt claimed they were not responsible for the couple reuniting if they did so at a later date.
Laundrie killed Petito shortly after in the Grand Teton National Forest in Wyoming by beating and strangling him.
An outside study commissioned by Petito’s family determined that “the officers made multiple mistakes and could not rule out that Gabby’s death would have been averted if the officers had handled the situation appropriately.”
The lawyers for the Petito family also presented media articles alleging problems inside the Moab Police Department. In one case, multiple police officers were charged with engaging in underage drinking on duty. The stories do not include any quotes from any of the listed officers in the complaint.
While the whole evidence has not yet been published, one of the family attorneys, James McConkie, stated in a statement that if the police had been properly trained and obeyed the law, Gabby would still be alive today. “As in this case, disobeying the law can have fatal results.”
Damages in the amount of $50 million are being sought by the family.
The Petitos sued Laundrie’s parents as well, claiming they knew what had happened to their daughter and had disposed of her body. They claim to have suffered $30,000.
In their March response to the complaint, Christopher and Roberta Laundrie called the claims “baseless” and “frivolous” and asked the court to throw out the case.
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