Exclusive
'CASH GRAB'
Moab cops blast Gabby Petito family’s $50m lawsuit as a ‘substitute GoFundMe campaign’ and demand it be thrown out
Inside the legal battle with Petitio's parents after her murder
MOAB Police Department is demanding a $50 million wrongful death suit brought by Gabby Petito's family be dismissed, saying "the judicial system is not a substitute for a GoFundMe campaign."
The 22-year-old influencer's parents, Nichole Schmidt and Joseph Petito, first filed the suit in November 2022.
6
6
6
In the initial complaint, they alleged that the department's "negligent hiring and failure to properly train" led to their daughter's death.
Petito and fiancé Brian Laundrie were pulled over in Utah following a "domestic dispute" in August 2021, just days before she was strangled to death by her partner.
Law enforcement officers who responded to the call told the couple to go their separate ways for the night but no arrests were made.
In March this year, Petito's family filed a second amended complaint.
Read More Gabby Petito
New court documents seen by The U.S. Sun show Moab Police Department is demanding a dismissal "as a matter of established Utah law."
"In this case, Brian Laundrie murdered Petito 15 days after they left Moab together," the filing reads.
"During that 15-day interval, Petito had her van, keys, and contact with her family.
"Instead of leaving Laundrie, she drove with her fiancé to Wyoming – 400 miles away from Moab.
Most read in The US Sun
The judicial system is not a substitute for a GoFundMe campaign.
Moab Police Department
"Moab's police department did not cause Petito's engagement to Laundrie, her decision to remain with him, her decision to continue driving to Wyoming, or Laundrie’s criminal conduct weeks later."
The department goes on to say, "Petito’s murder is an undeniable sorrow. Laundrie's crime was undisputedly depraved. But the judicial system is not a substitute for a GoFundMe campaign; heartbreak is not enough."
In the 14-page motion to dismiss filed last month, the department references multiple different cases where a crime was committed after a run-in with police.
The filing states, "In this case, Laundrie murdered Petito '[r]oughly two weeks after' their interaction with the Moab Police Department.
"That crime happened hundreds of miles away from Moab 'at a campsite in Wyoming.'
"Moreover, the crime occurred after Moab separated Petito and Laundrie. During that time, Petito had 'her van,' where she had been camping.
"But she did not drive away or leave Laundrie. Indeed, Petito had declared, 'I don’t want to be separated' because 'she and [Laundrie] were 'a team.'
"Given these alleged facts, Plaintiffs cannot establish legal, or proximate, causation as a matter of law."
Moab PD has retained Mitchell A. Stephens, a top-rated business litigation attorney in Salt Lake City.
In a statement, he previously told The U.S. Sun, "The Moab City Police Department did not cause Brian Laundrie to murder Gabrielle Petito.
"When called, Moab's officers responded with kindness and respect.
"They also separated Ms. Petito and Mr. Laundrie for the night. The next morning, Ms. Petito and Mr. Laundrie chose to continue their ongoing road trip, traveling hundreds of miles together over the following weeks."
Gabby Petito timeline
Gabby Petito, 22, was last seen on August 24, leaving a hotel in Utah. Here is a timeline of Gabby Petito's disappearance:
- June 2021 - Gabby Petito and her fiancé Brian Laundrie set off on a cross-country trip across the US.
- July 4 - Gabby posts photos of herself barefoot in Gove County, Kansas.
- July 8 - Gabby posts photos of herself at the Great Sand Dunes National Park in Colorado.
- July 18 - Gabby and Brian post photos of themselves at Utah's Zion National Park.
- August 12 - Body camera footage was released in September showing an encounter Brian and Gabby had with police in Utah. Police confirmed that no significant injuries were reported.
- August 19 - Gabby and Brian post a video on their YouTube channel chronicling their trip.
- August 24 - Gabby is spotted leaving a hotel in Salt Lake City, Utah.
- August 25 - Gabby Facetimes her mom, Nichole Schmidt, for the final time. In a later police report, Schmidt said her conversations with her daughter revealed "more and more tension" between her and Brian.
- August 25 - Gabby also posts her last Instagram. No location is given.
- August 27 - Gabby is seen for what's believed to be the final time. Witnesses claim they saw Brian in an explosive argument with staff at a restaurant in Jackson Hole, leaving Gabby in tears.
- August 27 - Four hours later, travel bloggers driving through Grand Teton National Park drive past the couple's van "abandoned" on a dirt road.
- September 1 - Brian returns home to Florida without Gabby.
- September 11 - Gabby's parents report her missing to Suffolk County police.
- September 14 - Brian's family issues a statement saying he has retained an attorney and will not be cooperating with investigators.
- September 14 - Brian is allegedly last seen by his family. He reportedly told them he was going hiking in Cartlon Reserve but failed to return.
- September 15 - Florida's North Port police announce Brian is a person of interest in the case. He is not charged with any crime.
- September 16 - Utah police release body camera footage of the police encounter with Brian and Gabby.
- September 17 - Brian's parents say they have not seen their son in a couple of days and report him missing.
- September 18 - Police announce they were searching Carlton Reserve in Florida for Brian. Police announce they have not found anything.
- September 19 - Authorities in Wyoming say they found a body in Grand Teton National Park. The FBI announces the body was believed to be Gabby's but a full forensic identification needs to be completed first to confirm.
- September 20 - Police execute a search warrant on Laundrie's home, seizing his silver Mustang and a hard drive that may contain "evidence relevant to proving that a felony has been committed."
- September 21 - Officials announce they will be conducting an autopsy on the remains found in Wyoming to confirm whether or not they belong to Gabby. Police also resumed their search for Laundrie, this time on the Venice side of Carlton Reserve.
- September 21 - The FBI announced the body found in Wyoming was identified as Gabby's. The cause of death was not yet revealed.
- September 21 - The Teton County Coroner's office said Gabby's official cause of death was still pending but the initial manner of death is homicide.
- September 22 - Police continue to scour Carlton Reserve for a trace of Laundrie but yield no leads. A specialist dive team is called in to assist with the hunt.
- September 23 - Officials announced a federal arrest warrant for Brian was issued.
- September 26 - Gabby's funeral was held on Long Island, New York.
- October 12: Gabby's autopsy results were made public. Teton County Coroner Dr Brent Blue confirmed Gabby died by strangulation.
- October 20: Laundrie's personal items were found at the Myakkahatchee Creek Environmental Park. A medical examiner was called to the scene.
- October 21: The FBI confirmed the remains found have been identified as Laundrie's.
- November 23: Laundrie's autopsy reveals he died from a gunshot wound to the head.
- October 1, 2022: The Gabby Petito Story premieres on Lifetime.
He went on to blast the lawsuit, claiming, "The plaintiffs' $50 million demand appears to be a publicity stunt.
"Even if the plaintiffs believe that Moab City is liable, it strains credibility to suggest the City is 15-20 times more responsible for Ms. Petito’s death than Brian Laundrie, her murderer."
On the day of the traffic stop, Laundrie was allegedly seen "slapping his girlfriend," but when Petito also admitted to hitting him, police deemed her the "primary aggressor."
Laundrie later murdered Petito and left her body in a campsite before eventually killing himself after a manhunt.
The young woman's remains were found in Bridger-Teton National Forest in Wyoming on September 19, 2022.
After an exhaustive manhunt for Laundrie, police confirmed he had fatally shot himself.
In a suicide note, Laundrie admitted to killing Petito but bizarrely insisted it was because she had fallen into a stream and injured herself, but wouldn't let him get help.
He wrote, "She wouldn’t let me try to cross the creek, thought like me that this fire would go out in her sleep and she’d freeze.
"I don't know the extent of Gabby’s injurys (sic). Only that she was in extreme pain.
"I ended her life, I thought it was merciful, that it is what she wanted, but I see now all the mistakes I made.
"I panicked, I was in shock. But from the moment I decided, took away her pain, I knew I couldn’t go on without her."
FIGHT FOR JUSTICE
In an independent report carried out following the traffic stop and Petito's death, it was found Moab PD officers made several mistakes.
Capt. Brandon Ratcliffe of the Price City Police Department in Utah, who conducted the review, found that the officers who responded misclassified the incident and their reports lacked details.
No statement was taken from the 911 caller who reported "the gentleman slapping the girl" before the couple left in the van, according to the report.
The review recommended that the two officers, Eric Pratt and Daniel Scott Robbins, be placed on probation.
Despite several requests, Moab PD has refused to confirm or deny if they ever were.
Petito's mom Nichole previously said, "We will never stop seeking justice for Gabby and working for the protection of other victims of domestic violence."
Attorney Brian C. Stewart of the Parker & McConkie law firm also stated, "Gabby's family remains committed to honoring Gabby’s legacy by demanding accountability and working toward systemic change to prevent such tragedies in the future."
The U.S. Sun revealed earlier this week that one of the officers involved in the traffic stop, Eric Pratt, is now working as a Moab guide charging around $499 for a luxury tour of its national parks.
Read More on The US Sun
Current and former officers were removed as individual defendants earlier this year as they could not pay the $200,000 bond required.
Moab PD has refused to confirm or deny if Pratt has left the force, but he has removed the department from his LinkedIn page.
6
6
6