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Gabby Petito’s dad slams Moab police’s ‘infuriating’ claim that family’s $50m lawsuit against cops is a ‘GoFundMe’
Cops asked for the court to dismiss the Petito family's lawsuit
GABBY Petito's father has slammed the Moab Police Department's infuriating statement that called their $50 million lawsuit against the force a GoFundMe grab.
Joseph Petito and Nichole Schmidt, the parents of the 22-year-old vlogger, sued Moab PD in November 2022, claiming the department failed to train its officers properly.
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It stemmed from cops pulling over Petito and her fiance, Brian Laundrie, following a 911 call for a domestic dispute in August 2021, during which he is said to have been seen "slapping" her.
Officers thought Petito was the main aggressor and decided to only separate the pair for the night instead of making any arrests.
The parents claim the police force's "negligent hiring" and lack of adequate preparation of its officers led to their daughter's death at the hands of her abusive fiance just days later.
Last week, The U.S. Sun revealed the Moab Police Department filed a motion to dismiss the case after Petito's parents submitted a second amended complaint.
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Lawyers for the police called the lawsuit a money grab, saying, "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 a statement to The U.S. Sun on Thursday, Joseph Petito said, "Honestly, Moab's response and attitude is infuriating.
"The official investigative report concludes the officers made serious mistakes.
"The Moab officers themselves googled the law, acknowledged they had no discretion, and that failing to follow the statute could cause victims to get killed. It’s all on video.
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"Then they just chose to not obey the statute, and that’s exactly what happened.
"Gabby was killed. Their inability to take responsibility for their failures is inexcusable. That is why we have to pursue this case."
Brian Laundrie’s parents seen for first time since Gabby Petito’s family forgave him & her sad love letter was revealed
DISMISSAL DEMAND
The Petito's lawyer Brian C. Stewart of the Parker & McConkie law firm, filed an opposition brief to the motion to dismiss on Tuesday.
In court records, the family insisted they were well within the scope of the Utah Constitution, and asked the court to declare the immunity act unconstitutional.
"Doing so will return Utah law to its original understanding and restore to those within this state the protections intended by Utah’s founders," the filing reads.
The U.S. Sun revealed earlier this month that one of the officers who pulled Petito over, Eric Pratt, is now working as a Moab tour guide charging around $499 for luxury tours.
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.
An independent investigation suggested Pratt and his colleague Daniel Robbins be placed on probation, but the department has refused to confirm if they ever were.
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.
In its 14-page motion to dismiss filed last month, the police department referenced several different cases where a crime was committed after a run-in with police and demanded the suit be tossed out.
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."
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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."
Stewart 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."
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