Gabby Petito Utah cops finally lawyer up in family’s $50m wrongful death suit ahead of two-year anniversary of murder
POLICE officers in Utah being sued for $50million by murdered Gabby Petito's family have finally lawyered up as the case moves forward almost two years since her tragic disappearance.
Petito's parents, Nichole Schmidt and Joseph Petito, filed their case against the Moab City Police Department last November, blaming several of its officers for failing to protect their daughter.
The family hired attorney, Brian Stewart, and the complaint accused police of a series of failures during an encounter with Petito and her soon-to-be killer boyfriend, Brian Laundrie, on August 12, 2021.
Cops had been alerted to a possible domestic dispute between Laundrie, 23, and Petito, 22, near a supermarket with one witness calling 911 to report a man "slapping his girlfriend."
An investigative review found officers did not properly document Petito's injuries to her face, which were later revealed in a shocking selfie provided by the family's attorney as part of the lawsuit.
The police also concluded she was the "primary aggressor" after she admitted to hitting Laundrie during their cross-country trip, but cops only chose to separate them for the night.
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Days later, she was strangled to death by Laundrie, who fled and returned home to Florida in their van.
Her body was found in an undeveloped camping area at Grand Teton National Park in Wyoming following an exhaustive search weeks later.
The latest court records seen by The U.S. Sun show Moab Police Department and officers including Detective Eric Pratt, along with other defendants, have hired legal counsel.
The filing states they have retained Mitchell A. Stephens, a top-rated business litigation attorney in Salt Lake City to help fight their case against the Petito family.
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According to an online bio, Stephens has litigated "multiple high-stakes claims" and successfully represented numerous clients in both state and federal courts.
SUPER LAWYERS
Documents read: "Mitchell A. Stephens of the law firm of James Dodge Russell & Stephens P.C. hereby agrees to and does accept service on behalf of Moab City Police Department, Bret Edge,
Braydon Palmer, and Eric Pratt.
"These defendants do not waive any claims, defenses, or
objections in this case, except for the adequacy of service of the First Amended Complaint."
Meanwhile, Officer Daniel Robbins has hired three other lawyers from Manning Curtis Bradshaw and Bednar PLLC as they gear up for the legal battle.
Counsel for the defendants has asked the Petito family to pay “all estimated costs and attorney fees the [defendant officers] may be expected to incur in defending the action."
But they have asked the court to declare a bond of ‘zero’, which is yet to be decided by the judge.
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.
However, they did release a statement that read: "The death of Gabrielle Petito in Wyoming is a terrible tragedy, and we feel profound sympathy for the Petito and Schmidt families and the painful loss they have endured.
"At the same time, it is clear that Moab City Police Department officers are not responsible for Gabrielle Petito’s eventual murder."
Firing back, 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."
The U.S. Sun published a number of exclusive stories about Moab PD after the suit was filed, including the revelation Officer Pratt was promoted to the role of detective after Petito's death.
According to the suit, Pratt also allegedly threatened to kill a former mistress to try and keep her quiet after their affair fizzled out in 2017.
He is yet to respond to the claims made by the woman who also claimed it was his regular practice to not follow through on investigations or to sweep cases under the rug to avoid work.
Moab Police Department declined to comment on the claims about Pratt featured in the suit.
FAMILY'S ANGUISH
Meanwhile, back in November, the Petito family was awarded $3million in a separate wrongful death lawsuit against Brian Laundrie's estate.
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.
The case now appears to be heading for trial in Florida in May 2024 after a judge denied all of the motions to dismiss the case.
The suit argues that Laundrie's parents and their attorney, Steven Bertolino, knew that missing Petito was dead when they issued a public statement on September 14, 2021, which said they hoped she would be reunited with her parents.
Laundrie's parents have not been criminally charged in connection with his girlfriend's death, but the civil case brought by her family has resulted in new details coming to light.
A judge ruled they could release a 'burn after reading' letter for Laundrie, written by his mother Roberta, in which she made references to a shovel and burying a body.
In the note, she also told her son "nothing" would ever make her stop loving him, explaining: "Nothing can separate us: not hatred, not hunger, not homelessness, not threats, not even sin, not the thinkable or unthinkable can get between us."
Laundrie's attorney claimed the letter had been taken out of context, saying the topics appear in a series of "fanciful descriptions of how much somebody will love somebody else."
The young man admitted kiling his girlfriend in a suicide note left after he fatally shot himself, according to reports.
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Petito's family is now seeking all messages exchanged between Laundrie and his parents from August 27, 2021, through his death in November of that same year.
