Gaby Petito: As 5th Anniv. Of Her Slaying Nears, Lawyers Expect Oral Arguments In Suit To Be Scheduled Soon

SALT LAKE CITY, UT — As the 5th anniversary nears of Gabby Petito's death, attorneys for her family in the Utah lawsuit against a police department accused of failing to prevent her slaying at the hands of her fiancé expect that oral arguments will be scheduled soon.

Brian Stewart told Patch recently that he expects a date in the coming weeks.

In July 2021, Petito and Brian Laundrie were involved in a highly-publicized traffic stop in Moab City, UT, after a domestic incident. In bodycam video, Petito can be seen tearful and very anxious as she talks with officers. The officers involved decided not to move forward with charges, and instead separated the pair for the night.

The suit against the City of Moab argues that the police department, despite red flags, failed to prevent her death.

Petito last spoke with her mother on Aug. 25.

She is believed by the Federal Bureau of Investigation to have been strangled to death by Laundrie three days later, on Aug. 28.

Laundrie is believed to have killed her around 16 days after the traffic stop on Aug. 28, 2021.

When the 23-year-old Blue Point native did not respond to her mother, Nichole Schmidt, she filed a missing persons report with Suffolk County police on Sept. 10, setting off a massive interstate search.

Laundrie, who by then had returned in her van to his parents' house in Florida, refused to cooperate with investigators and ended up going into a nearby swamp and killing himself.

In a notebook later found near his remains, Laundrie claims to have carried out a mercy killing, by strangling Petito because she was in so much pain after falling into a ravine.

Petito's remains were found near Grand Teton National Park on Sept. 19, 2021.

Oral arguments in the wrongful death lawsuit brought by the parents of Petito were set to be heard in Utah Supreme Court back in March, but it was adjourned for rescheduling, a court representative told Patch.

The court granted a joint motion by the parties to continue and reschedule the previously set oral arguments, in light of recent structural changes to the court and its procedures for hearing constitutional challenges, Petito family attorneys Parker and McConkie said.

Utah's Legislature enacted a law expanding the state's Supreme Court from five to seven justices, so the court issued a temporary standing order providing that in any appeal involving a constitutional challenge to a statute, it will sit as a full seven-member court, calling replacement judges as needed, according to the firm.

In response to these developments, the parties involved in the lawsuit against the Moab City Police Department moved the court to ensure that oral argument in the two cases will be heard on the same day, the firm said.

Petito vs. Moab City was one of two cases to be heard, with the other case being Mayne vs. Salt Lake City.

Petito's family's case stems from the legal challenge to dismiss Petito's family’s lawsuit against the Moab police and some of its officers over their handling of the traffic stop.

In November 2024, the family’s wrongful death action was dismissed under Utah’s governmental immunity framework, a decision that was appealed, "and now presents important constitutional and public-policy questions for the state’s highest court," the law firm said.

In Mayne Vs. Utah, the mother of a woman killed by her ex-husband is appealing to the Utah Supreme Court, arguing that police should have done more to intervene when days before the slaying, her daughter's ex-husband showed up at her workplace and made threats, the Utah News Dispatch reported.

"Both cases arise from tragic wrongful deaths and present the same central constitutional question: whether Utah’s Governmental Immunity Act is unconstitutional as applied to wrongful death claims under Article XVI, Section 5 of the Utah Constitution, including whether the Court should reconsider its prior decision in Tiede v. State," the law firm stated in a news release.

"The parties requested coordinated scheduling so that this shared constitutional issue will be argued and decided by a single, consistent seven-justice panel, rather than by different combinations of permanent and temporary justices at separate times," they stated. "The motion emphasized that such coordination promotes consistency, judicial economy, and the integrity of the Court’s constitutional adjudication."

Petito's family and their legal team remain steadfast in their pursuit of justice for Gabby and in seeking clarity from the Utah Supreme Court regarding municipal liability and the constitutional right to recover for wrongful death, according to the law firm.

Judson Burton, an appellate attorney for Petito's family, said the briefing "underscores" the case’s "significance for the future of Utah law."

"Alongside submissions from the Petito family and Moab City, numerous amici, including local governments and the State of Utah, have weighed in," he said. "Collectively, these filings sharpen the merits of the Petito family’s position, and we are confident that at oral argument, the Justices will recognize that Utah’s Constitution protects every citizen’s right to hold even government entities accountable for the wrongful death of a loved one.”

In a statement, the Petito family said: “While we miss Gabby every day, the continued love and support we feel gives us strength. We look forward to this next important step, but regardless of the outcome, will remain determined to seek justice for her and to advocate for other victims and their families."

In a previous statement to Patch, Moab City officials said: “While we feel profound sympathy for Gabrielle Petito’s family members, it is undeniably clear that Moab City Police officers are not responsible for Brian Laundrie’s decision to murder his fiancée in Wyoming, some 400 miles away, and weeks after the couple left Moab.”

“Millions of tourists visit Moab, a city of approximately 5,000 people, each year,” the statement continued. “In 2021, Ms. Petito and Laundrie were two such tourists. When Moab’s officers interacted with Ms. Petito, they did so with kindness, respect, and empathy. The officers also separated Ms. Petito from Mr. Laundrie for the night. The following day, the couple voluntarily reunited and left Moab – like millions of other tourists before and since.”

“The city stands behind the Moab Police Department. The district court dismissed the lawsuit, and the City will continue to defend that outcome on appeal to the Utah Supreme Court,” the statement concluded.

A City of Moab spokeswoman previously declined further comment.

The oral argument will be conducted live in the Supreme Court courtroom. Members of the public may also watch the proceedings online through the Utah Court's live stream.

SEE ALSO:

• Gabby Petito: $50M Civil Lawsuit Could Spark Change Across U.S.
• Gabby Petito's Family Appeals Utah Court Ruling In Wrongful Death Case
• Gabby Petito: Judge Tosses Family's Wrongful Death Lawsuit
• ‘Not Just Gabby Petito’ Case Deserves Media Attention: Dad
• LI Mom To Missing Daughter: ‘We Just Need To See You Again’