Lawyers for Gabby Petito Utah cops slam family’s $50M lawsuit as a ‘publicity stunt’ & vow to fight case
LAWYERS for the Utah cops being sued by murdered Gabby Petito’s family have slammed their demand for $50million in damages as a publicity stunt and vow to vigorously defend the suit.
Petito's parents, Nichole Schmidt, and Joseph Petito, filed their bombshell wrongful death case against the Moab City Police Department last November.
The complaint accuses officers of a series of failures after a 911 claiming Petito and her boyfriend Brian Laundrie, on August 12, 2021, were involved in a domestic dispute.
Despite an eyewitness claiming they saw Laundrie "slapping his girlfriend," Petito admitted to hitting him when interviewed and cops deemed her the "primary aggressor."
Officers chose not to arrest her and instead separated the couple for the night.
Petito stayed in their van and Laundrie was escorted to a nearby motel frequently used for domestic abuse survivors.
Gabby Petito
But they reunited before Laundrie strangled her to death days later during the cross-country trip.
The complaint filed by the Petito family states Moab PD and officers, including Detective Eric Pratt, "deprived Gabby of her safety and ultimately her life."
The police department and officers listed as defendants have now retained counsel having hired Mitchell A. Stephens, a top-rated business litigation attorney in Salt Lake City.
Speaking exclusively to The U.S. Sun this week, Stephens said: "I can confirm that Moab City and its police officers intend to vigorously defend the lawsuit.
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"The Moab City Police Department did not cause Brian Laundrie to murder Gabrielle Petito.
'NOT RESPONSIBLE'
"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."
He went on to blast the lawsuit brought by the family, claiming: "The plaintiffs' $50million 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.
"The complaint was filed on November 3, 2022.
"That same day, I informed the plaintiffs' lawyers via email that I represented the defendants. I also offered to accept service of the lawsuit on behalf of my clients."
He went on to allege the lawsuit had been "delayed by the plaintiffs," as they did not officially serve the lawsuit until March this year which is why it has dragged on with little progress.
The U.S. Sun has reached out to the Petito family's lawyer, Brian Stewart, for comment but did not hear back.
The case, which is likely to drag on for several months, is being overseen by Judge Don M. Torgerson, and Moab Police Department and its officers are still yet to formally respond to the suit.
FAMILY TRAGEDY
Petito's mom Nichole previously said: "Our daughter, Gabby, died as a result of intimate partner violence that could have and should have been identified by law enforcement using the lethality assessment.
"We believe that if the lethality assessment had been properly used in her situation, together with the recommended support and resources, Gabby would still be alive today."
Stewart, an attorney for the family from Parker & McConkie in Salt Lake City, said officers "failed to properly investigate the reported domestic assault, and thus failed to fully appreciate or respond to Gabby's life-threatening situation."
The filing further claims that, when answering questions about her fight with Laundrie, Gabby displayed to officers all the "classic hallmarks of an abused partner" that they apparently did not pick up on.
"[Gabby was] attempting to take the blame for the fight because she had hit Brian first and did not want to be separated from him," reads the suit.
"Whether for lack of training or refusal to follow their training, the officers did not press further."
Back in November, the Petito family was awarded $3million in a separate lawsuit against Brian Laundrie's estate.
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A third suit filed in May last year against Laundrie's parents, Christopher and Roberta, remains ongoing, as they alleged the couple knew their son murdered Petito, knew "the whereabouts of her body," and were working to help him flee the country.
Laundrie's parents have not been criminally charged in connection with his girlfriend's death and deny any wrongdoing.
