“She could’ve been protected that day”: Gabby Petito’s family files lawsuit
The family of Gabby Petito, whose boyfriend admitted to killing her last year, have launched a wrongful death suit against Utah’s Moab Police Department, claiming officers’ negligence led to her death.
Ms Petito and her boyfriend Brian Laundrie were stopped by officers in Moab last year after a bystander allegedly saw Mr Laundrie hit Ms Petito and reported the incident to police.
The couple were ultimately not cited for domestic violence, and Ms Petito’s body was found weeks later after she had been strangled.
On Thursday local time, Ms Petito’s parents and other family members announced their intent to sue the department for $US 50 million ($AU 77 million).
The suit claims that police officers failed to effectively intervene in a domestic violence situation between Ms Petito and Mr Laundrie by failing to issue a domestic violence citation, claiming that officers disregarded signs of violence they should have been trained to notice.
“She could’ve been protected that day,” Nicole Schmidt, Ms Petito’s mother, said.
The suit also claims that police officers “coached Gabby to provide answers that the officers used to justify their decision not to enforce Utah law", with the family claiming that officers “egregiously misinterpreted Gabby’s extreme emotional distress, seeing it as the cause of the domestic violence rather than its result”, per AP.
“Despite the witness’s report, the officers treated Brian as if he were the victim of domestic abuse rather than the perpetrator,” the lawsuit reads, per Fox News.
“In fact, the officers never directly questioned Brian about whether he hit Gabby or how she ended up with scratches on her face.
“The purpose of this lawsuit is to honour Gabby’s legacy by demanding accountability and working for change in the system to protect victims of domestic abuse and violence and to prevent such tragedies in the future.”
Moab police officer Eric Pratt is also alleged to have been “fundamentally biased” in his investigation by “choosing to believe Gabby's abuser, ignoring evidence that Gabby was the victim and intentionally looking for loopholes to get around the requirements of Utah law and his duty to protect Gabby",
The family’s complaint is based on the claim of an unnamed woman referred to as “Witness 1”, who alleged that Officer Pratt threatened to kill her after their relationship ended while he was the police chief in the rural town of Salina, Utah.
In a statement after the lawsuit was filed, the city of Moab said Ms Petito’s death was tragic but not the fault of the police department.
"Our officers acted with kindness, respect and empathy toward Ms Petito," city spokesperson Lisa Adams said.
"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."
In a statement, the Moab Police Department said the 22-year-old’s death was a “terrible tragedy” that no-one could have predicted.
“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,” it 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.
“The attorneys for the Petito family seem to suggest that somehow our officers could see into the future based on this single interaction.
“In truth, on August 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 suit comes after a notice of claim was filed in August, and after an independent investigation found that police made “several unintentional mistakes”, including not issuing a domestic violence citation, in January.
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