SALT LAKE CITY — A judge in Utah has ruled to dismiss a wrongful death lawsuit filed by the parents of Gabby Petito against the city of Moab. The lawsuit claimed that police actions during a traffic stop were inadequate in protecting their daughter from her eventual murderer a few weeks later.
The attorney representing the plaintiffs, Judson Burton, contended that a state law preventing lawsuits against governmental bodies is unconstitutional and indicated plans to pursue an appeal. However, Seventh District Court Judge Don Torgerson stated he was unable to challenge the law’s constitutional validity, noting that such matters could be addressed by the Court of Appeals, as reported by KSL-TV.
Gabby Petito, age 22, was on a cross-country trip in a converted camper van with her fiancé, Brian Laundrie, who is 23. They were pulled over by police in Moab on August 12, 2021, following a report of domestic disturbance involving a man and a woman. Officers concluded that Petito was the initial aggressor, resulting in the couple being separated for the night.
Petito’s parents last communicated with her in late August 2021. They reported her missing on September 11 after Laundrie returned to Florida by himself. The investigation into her disappearance attracted significant media coverage and public interest, leading amateur detectives to comb through social media for information. This case also prompted discussion regarding the media’s portrayal of missing individuals, particularly emphasizing the discrepancy in coverage between white women and women of color.
Laundrie became a person of interest in the investigation but went missing two days prior to the discovery of Petito’s body on September 19, 2021, just outside Grand Teton National Park in Wyoming. Authorities later confirmed she had been strangled.
In late October 2021, Laundrie’s remains were located in a Florida wildlife reserve near his parents’ residence. A notebook found at the scene contained admissions that he was responsible for Petito’s death, with a self-inflicted gunshot wound cited as the cause of his demise.
An independent review concluded that the Moab police made several significant errors during their encounter with Petito and Laundrie. Investigators indicated that Petito appeared to be a long-term victim of domestic violence, encompassing physical, emotional, and mental abuse.
Petito’s parents, Joseph and Nichole, initiated their lawsuit against the Moab Police Department in November 2022, seeking $50 million in damages.
Burton, their attorney, shared that during the police encounter, Petito reached out to her parents, who wanted her to return home. However, she reassured them that law enforcement would manage the situation. Burton argued that the parents depended on police intervention, and the “grossly negligent” investigation significantly elevated the risk of their daughter’s harm.
According to Burton, officers placed Petito inside a police vehicle while displaying sympathy towards Laundrie, engaging in laughter with him. He pointed out that despite an officer acknowledging the risks associated with domestic violence, the subsequent response was inadequate.
On the other hand, attorney Mitchell Stephens, representing the Moab Police, sought dismissal based on governmental immunity. He stated that claims regarding Moab’s involvement in Petito’s death are purely speculative and emphasized that the couple left Moab together and continued their travels.
Stephens argued that the Moab police should not be held liable for a criminal act that took place weeks later in another state, asserting that “Brian Laundrie is the cause of Gabby Petito’s death.”