SALT LAKE CITY (1010 WINS) — Gabby Petito's parents filed a $50 million wrongful death lawsuit against the Moab, Utah, Police Department, accusing its officers of negligence in their interactions with the 22-year-old Long Island native and her fiancé Brian Laundrie two weeks before her death last summer.
"The purpose of this lawsuit is to honor Gabby's legacy by demanding accountability and working toward systemic changes to protect victims of domestic abuse and violence and prevent such tragedies in the future," attorney James W. McConkie said in a statement.
The suit, obtained by CNN, accuses the police department and its officers of failing to follow the law and protect Petito during an investigation into a domestic disturbance in August 2021, just before Laundrie killed her.
The lawsuit also argues officers wrongfully determined that Petito was the primary aggressor in the Aug. 12, 2021, interaction and misapplied the state's laws on domestic abuse — even alleging they failed to properly train their officers on these issues.
During the incident, officers with the department responded to a fight between the couple after a 911 caller said the couple was "engaged in some sort of altercation" at their Ford Transit outside of Moonflower, a food co-op in Moab. Officer Eric Pratt and Officer Daniel Robbins tracked down their white van as it allegedly sped toward the entrance to Arches National Park, eventually pulling them over.
Body-camera footage later released captured their interaction with police, who considered charging Petito with domestic violence but eventually separated the couple for the night, deeming the incident a "mental health crisis." Laundrie was put in a motel, and Petito stayed with the van.
Petito's strangled body was discovered the next month on the edge of Grand Teton National Park in Wyoming. Laundrie admitted killing her in a notebook discovered near his body in a Florida swamp, where he took his own life, authorities have said.
Earlier this year, an independent investigation found that police in Moab made "several unintentional mistakes" when they came across Petito and Laundrie. In the report, police said it was very likely that Petito "was a long-term victim of domestic violence, whether that be physically, mentally, and/or emotionally."
In August, Petito's parents filed a notice of claim against the department, the first step in initiating a lawsuit.
Her parents said in a news conference Thursday that they filed the lawsuit to ensure the department makes reforms to help other abuse victims.
"No one here, the four of us, don't want to be here," said her father, Joseph Petito. "We'd give it up in a second if she was back."
"We feel we need to bring justice because she could have been protected that day," said Nichole Schmidt, her mother. "There are laws put in place to protect victims, and those laws were not followed, and we don’t want this to happen to anyone else."
In a statement released on Thursday, the City of Moab denied being responsible for her death and vowed to fight the lawsuit.
"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," the city said. "At the same time, it is clear that Moab City Police Department officers are not responsible for Gabrielle Petito’s eventual murder."
"The attorneys for the Petito family seem to suggest that somehow our officers could see into the future based on this single interaction," they added. "In truth, on Aug. 12, no one could have predicted the tragedy that would occur weeks later and hundreds of miles away, and the City of Moab will ardently defend against this lawsuit."
The Associated Press contributed to this report.
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