Fresh blow for Gabby Petitos family as judge blocks lawsuit against cops that sent her to her death
The parents of Gabby Petito have suffered a fresh legal blow as their wrongful death lawsuit against Utah police was dismissed by a judge.
The parents of Gabby Petito have suffered a fresh legal blow as their wrongful death lawsuit against Utah police was dismissed by a judge.
Jim and Nichole Schmidt and Tara and Joe Petito had alleged that the Moab Police Department were a cause in the 2021 death of their daughter Gabby, 22.
Petito disappeared while on a cross-country road trip with her fiancé Brian Laundrie, her remains were found on the edge of Wyomings Grand Teton National Park.
Laundrie later confessed to killing her, with the incident coming a few weeks after Moab Police spoke with them regarding a domestic violence incident.
According to KSL, Utahs 7th Court Judge Don Torgerson said in his dismissal that the police department has government immunity from the lawsuit.
He did rule that their suit met the standard required early in a case that show Moabs officers conduct could have been a cause of her death.
Their attorney Judson Burton had argued that Petito called her parents during her interaction with Moab cops, and assured them that officers would handle it.
Burton said the parents relied on officers to help them but their grossly negligent investigation actually increased the likelihood of their daughter being harmed.
Petito disappeared while on a cross-country road trip with her fiancé Brian Laundrie , her remains were found on the edge of Wyoming s Grand Teton National Park
Nicole Schmidt is seen here speaking alongside stepmother Tara Petito, left, father Joe Petito, attorney Richard Stafford and stepfather Jim Schmidt
Burton added that officers put Petito in a squad car and sympathized with her fiancé, laughing with him - which the attorney claimed could have emboldened him.
Attorney Mitchell Stephens, who represented the department, said: Moab is not liable for criminal conduct that occurred a month later in a different state. Brian Laundrie is the cause of Gabby Petitos death.
Torgerson dismissed the case with prejudice, meaning any appeal court that sides with his decision will rule that the parents cant file the suit again.
It was determined Petito had been strangled a few weeks before her body was found, with the date of death of her disappearance being August 27, 2021.
Laundrie, 23, had returned home to Florida without Petito, a warrant was issued for his arrest and his body was found at a campsite weeks later, having killed himself.
In a notebook found near his remains Laundrie took responsibility for Petitos death according to the FBI.
Before his death Laundries mother Roberta wrote her son a letter which promised to help him bury a body and escape from jail.
Petitos parents, claim it is evidence she had helped plot with her son to cover up their daughters brutal murder.
The undated letter, which Roberta instructed her son to burn after reading, revealed she offered to bake her son a cake with a file in it if he was sent to prison.
Laundrie, 23, returned home to Florida without her - spurring a search that ended with Petitos corpse being found on the edge of Wyomings Grand Teton National Park
In a notebook found near his remains Laundrie took responsibility for Petitos death according to the FBI
Petitos parents used that as evidence in a civil lawsuit which alleges that Laundries parents knew their son had murdered Petito and tried to help him escape justice.
In February of this year, the families reached a confidential settlement with the Petito family seeking damages of at least $100,000.
According to the Laundries attorney the settlement concluded a much-anticipated mediation between the two families and said the families look forward to putting this matter behind us.
Had a settlement not been reached, the case would have gone to a civil trial in May.
In August, Petitos father Joe shared a tribute to his daughter on the third year anniversary of her death.
Three years ago this evening you were taken from us, the 45-year-old father wrote in a post that showed him and his late daughter enjoying a spa treatment.
We cant stop crying when we think of you, he continued. There is no waking up from this nightmare.
We push forward for you and all those you have inspired and nothing can make us stop. I ask anyone who reads this, please share a #missingperson flyer today.
