The parents of Gabby Petito filed a $50 million wrongful death lawsuit against the Moab City Police Department on Thursday. The lawsuit alleges that officers were negligent during their interactions with the 22-year-old and her fiancé two weeks before her death last summer.
The lawsuit claims the department and its officers failed to follow the law and failed to protect Petito during an investigation into a domestic disturbance in August. According to the suit, officers improperly determined Petito was the primary aggressor and misapplied Utah laws regarding domestic abuse. The filing also accuses the police department of failing to provide proper training for its officers on these issues.
Attorney James W. McConkie stated that the purpose of the lawsuit is to demand accountability and work toward systemic changes to protect victims of domestic abuse and violence. In a news conference, Petito's parents said the suit was filed to ensure police make changes to help other abuse victims. Her father, Joseph Petito, stated they are seeking justice because Petito could have been protected during the interaction. Her mother, Nichole Schmidt, said the family wants to prevent such tragedies from happening to anyone else.
The lawsuit is based on a traffic stop from last August after officers were informed a witness saw Brian assault Gabby. Police pulled over the couple's Ford van after it exceeded the speed limit and struck a curb. Body camera footage showed officers talking to Petito and Laundrie, who admitted to having a fight. While Petito had cuts on her face and arm and demonstrated how Laundrie had grabbed her face, officers determined Petito must be booked into jail because she was considered the primary aggressor under Utah domestic violence statutes.
An independent investigator, a police captain from Price, Utah, previously reviewed the department's handling of the incident. The investigator recommended that the two responding officers be placed on probation for making unintentional mistakes, including failing to cite anyone for domestic violence. The report also recommended new policies for the department, including additional training for officers.
The City of Moab issued a statement denying responsibility for Petito's death and said it would defend against the lawsuit. The city expressed sympathy for the Petito and Schmidt families but stated that officers are not responsible for Petito's eventual murder. Officials noted that no one could have predicted the tragedy that occurred weeks later and hundreds of miles away.
