Gabby Petito's parents haven't given up their lawsuit against the Moab City Police Department.
Nichole Schmidt and Joseph Petito filed a wrongful death case in November 2022, claiming the department failed to properly respond to Gabby and her then-fiancé Brian Laundrie's domestic dispute. Witnesses claimed they'd seen the man "slapping his girlfriend," but cops later ruled the TikTok star was the "primary aggressor" in the altercation.
Gabby later went missing and her body was eventually discovered near where the former couple had been camping. Brian confessed to killing her in a message written in his journal before taking his own life.
"We will never stop seeking justice for Gabby and working for the protection of other victims of domestic violence," Nichole said in their latest amendment to the 38-page lawsuit.
Petito family attorney Brian C. Stewart released a statement of his own that read: "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 latest legal filing alleges the police department displayed "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 police investigation was deeply flawed," the court document continued. "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," the lawsuit alleged. "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."
As OK! previously reported, Mitchell A. Stephens, who is representing the Moab PD, confirmed the department will "vigorously defend the lawsuit" and maintains the officers involved "did not cause Brian Laundrie to murder Gabby Petito." "When called, Moab's officers responded with kindness and respect. They also separated Ms. Petito and Mr. Laundrie for the night," the statement said. "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."
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The Sun obtained the court documents detailing the new amendment to the case.
