MURDERED Gabby Petito’s mom has vowed to “never give up” on fighting for justice as the family’s $50 million wrongful death lawsuit against police in Utah is finally able to go ahead after being stalled.

Gabby’s parents, Nichole Schmidt, and Joseph Petito, filed their bombshell case against the Moab City Police Department in November 2022.

It accuses officers of a series of failures after a 911 call came in from a witness claiming Petito and her boyfriend Brian Laundrie were involved in a domestic dispute back on August 12, 2021.

Laundrie was allegedly seen “slapping his girlfriend,” but when Gabby also admitted to hitting him, police deemed her the “primary aggressor.”

Officers chose not to arrest her and instead separated the couple for the night.

Gabby was later murdered by Brian and her body was left in a campsite as he later took his own life following a manhunt.

This week, her family filed a second amended complaint in their wrongful death lawsuit.

According to their legal counsel, attorney Brian C. Stewart of the Parker & McConkie law firm, the case had previously been prevented from proceeding by an onerous statutory bond requirement and stay imposed by the Court.

However, on February 22, 2024, the Utah District Court issued an order setting aside the bond and lifting the stay, clearing the way for the case to move forward.

‘DEMANDING ACCOUNTABILITY’

The order also granted the parties’ stipulated motion to dismiss claims against the individual officers involved while maintaining all claims against their employer, the Moab City Police Department, for its failures and negligence, which allegedly led to Gabby’s death.

Gabby’s mom Nichole said, “We will never stop seeking justice for Gabby and working for the protection of other victims of domestic violence.”

Attorney 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.

“With these impediments removed from their path, the case can now go forward.”

The new court filing states the family is bringing the action against the department, “alleging that its negligence in hiring, training, supervising, and retaining of certain officers as well as the negligence of these officers in violating Utah law – for which Moab City Police Department is vicariously liable – caused Gabby’s tragic and untimely death.”

The 38-page document goes on to allege: “The police investigation was deeply flawed. Despite the witness’s report, the officers treated Brian as if he were the victim of domestic abuse rather than the perpetrator.

“In fact, the officers never directly questioned Brian about whether he hit Gabby or how she ended up with scratches on her face.

“They failed to recognize or otherwise identify the obvious signs
clearly indicating that Gabby was the victim of domestic abuse, including her assuming responsibility for the fight with Brian even though she described Brian grabbing her face so violently that it scratched her cheeks and drew blood.”

The U.S. Sun’s exclusive on Detective Pratt previously revealed in a podcast that he had become “disillusioned” with police work and that it was his practice to find “loopholes” to avoid applying the law is also mentioned in the lengthy filing.

LAWYER HITS BACK

During a break from the job, he stated online, “I’d find my own
loopholes, perfectly legal and I think very. . . just loopholes.”

Moab Police Department previously retained counsel having hired Mitchell A. Stephens, a top-rated business litigation attorney in Salt Lake City.

He previously told The U.S. Sun, “I can confirm that Moab City and its police officers intend to vigorously defend the lawsuit.

“The Moab City Police Department did not cause Brian Laundrie to murder Gabrielle Petito.

“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.”

Meanwhile, a separate legal battle between Gabby and Brian’s parents may finally be over after a resolution was reached in a civil lawsuit in Florida.

The two families came to a confidential agreement which means the case will not go to trial.

Gabby’s parents had sued the Laundries and their attorney Steven Bertolino for intentional infliction of emotional stress for their behavior after Gabby disappeared.

Christopher and Roberta Laundrie refused to share any information about the situation with the Petitos when they asked for help locating their daughter.

The body of 20-year-old Gabby was found in Grand Teton National Forest in Wyoming after a weeks-long search on September 19, 2021.

The Teton County Coroner’s Office subsequently concluded she died of “blunt-force injuries to the head and neck, with manual strangulation.”