HLN Investigates will premiere “Toxic Love: The Gabby Petito Tragedy” at 9 p.m. ET/PT on Saturday, November 5. CNN —
Gabby Petito’s parents filed a $50 million lawsuit against the Moab Police Department on Thursday, alleging that its officers were negligent in their interactions with the 22-year-old and her fiance Brian Laundrie two weeks before her death last summer.
“The purpose of this lawsuit is to honor Gabby’s legacy by demanding accountability and working for systemic changes to protect victims of domestic abuse and violence and prevent such tragedies in the future,” attorney James W. McConkie said in a statement.
The lawsuit accuses the department and its officials of failing to follow the law and protect Petito during an investigation into a domestic disturbance in August — just weeks before Ludry killed her. The suit alleges that the officers incorrectly determined that Petito was the primary aggressor in the interaction and misapplied Utah’s laws related to domestic abuse. He also accuses the police department of not properly training its officers in these matters.
At a news conference Thursday, her parents said they filed the lawsuit to ensure police make those changes to help other victims of abuse.
“Nobody here, the four of us, wants to be here. We would give it up in a second if she came back,” said her father, Joseph Petito.
“We feel like we have to get justice because she could have been protected that day,” said Nichole Schmidt, her mother. “There are laws in place to protect victims and those laws were not followed and we don’t want this to happen to anyone else.”
The city of Moab issued a statement Thursday denying responsibility for her death and saying it would defend the lawsuit.
“The death of Gabrielle Petito in Wyoming is a terrible tragedy and our deepest sympathies go out to the Petito and Schmidt families for their painful loss. “At the same time, it is clear that Moab Police Department officers are not responsible for the eventual murder of Gabrielle Petito,” the city said.
The city said its officers “acted with courtesy, respect and empathy toward Ms. Petito” during their interaction.
“Lawyers for the Petito family seem to be suggesting that somehow our officers could see the future based on this unique interaction. “In fact, on August 12, no one could have predicted the tragedy that would occur weeks later and hundreds of miles away, and the City of Moab will vigorously defend itself against this lawsuit,” the city said.
Petito was 22 when she and her fiancé, Laundrie, 23, embarked on a road trip through the American West last summer, chronicling their #VanLife experiences online in idyllic, sun-kissed posts.
Despite their online appearances, their relationship was rocky and sometimes violent. Petito was reported missing after Laundrie returned to his parents’ home in Florida on Sept. 1 and her parents were unable to contact her, sparking a nationwide manhunt that became a fascination for online sleuths.
Her body was found several weeks later in the Grand Teton National Forest, and the medical examiner ruled she died of strangulation. Laundrie then disappeared into a nature preserve in Florida, and his body was found in mid-October next to a notebook in which he admitted to killing her.
In August, Petito’s parents filed a notice of claim against the police department, the first step in filing a lawsuit. Her parents have also taken legal action against Laundrie’s estate and filed a lawsuit against his parents, accusing them of causing emotional distress by failing to act in the search for Petito.
New video reveals what Gabby Petito told police
The 35-page lawsuit filed Thursday is based on a traffic stop last August after officers were told a witness “saw Brian attacking Gabby.”
Police pulled over their vehicle — a white Ford van — after it exceeded the speed limit, swerved out of its lane and hit a curb, according to a police report.
Footage captured by police body cameras shows Moab, Utah, officers speaking with Petito and Lundry, who admitted to an argument in which Petito said she hit her fiance first. Officers noticed that Petito had cuts on her face and hand and “showed how Brian had violently grabbed her face during their argument,” with Lundry telling police she was “very frustrated with me.”
But Petito also “exhibited the classic characteristics of an abused partner,” the statement of claim states, taking responsibility for the incident. Officers “did not press further,” the release said.
According to the family’s claim, a photo taken at the time, which has not been made public, “shows a close-up of Gabby’s face, where blood is smeared across her cheek and left eye, revealing the brutal nature of Brian’s attack ».
Laundrie told police the couple was under increasing stress. He admitted pushing Petito away when she tried to slap him and taking her phone, claiming she didn’t have it – and was afraid she would leave him. However, later in the interview, he pulled out his own phone and gave officers his number, the suit says.
Despite Ludry’s cuts and inconsistencies, one of the officers said Petito should go to jail because, under Utah’s domestic violence law, she was considered the primary aggressor and Ludry the victim.
Both Petito and Laundrie objected, and the officers eventually agreed not to charge Petito if she and Laundrie agreed to spend the night separately.
A review of the Moab Police Department’s handling of the incident by an independent investigator – a captain with the police department in Price, Utah, about 115 miles away – recommended that the two responding officers be placed on probation, saying they acted “quite involuntarily mistakes ” – namely failing to report domestic violence to anyone, even though there appeared to be only sufficient evidence to charge Petito.
The investigative report, released in January, recommended new policies for the department, including additional domestic violence training and legal training for officers.
The city at the time did not consider any potential discipline for the two officers, but said it “intends to implement the report’s recommendations” regarding new policies for the police department, including additional domestic violence training and legal training for policemen.
