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Crime Stories with Nancy Grace

Judge Rules Against Gabby Petito Family in Moab Police Lawsuit

Crime Stories with Nancy Grace

iHeartPodcasts and CrimeOnline

News, True Crime

4.28.1K Ratings

🗓️ 23 November 2024

⏱️ 42 minutes

🧾️ Download transcript

Summary

Gabby Petito was strangled by her then boyfriend Brian Laundrie while the pair were on a cross-country van trip. The FBI report  states that Laundrie confesses to the murder in a hand written notebook, found near the remains of Laundrie's body after he committed suicide.  According to the report, Laundrie tried to cover up Petito's death by using the woman's debit card, and then also sending text messages from her phone, to give the impression that Gabby was still alive. During the trip, a domestic violence episode was caught on Moab police body cam, after a 911 call came in reporting a man slapping a woman. 

The footage shows Petito was injured with scratches and  bruises. Police determined however that Petito was the aggressor, after she admitted hitting Laundrie.   The pair was separated for the night, with no domestic violence counseling. 

Petito's family filed a wrongful death lawsuit  against the Moab Police Department. Utah's 7th District Court Judge Don Torgerson dismissed the case, citing governmental immunity. Torgerson said he is bound to follow the law as it currently exists and follow rulings of other courts. The Petito's attorney argued to end just the police immunity.  He added the Court of Appeals has the authority to determine whether the governmental immunity law is constitutional.

Joining Nancy Grace Today:

  • Kathleen Murphy  - Raleigh, North Carolina, Attorney at TriangleDivorceLawyers.com 
  • Caryn Stark - Psychologist, renowned TV and Radio trauma expert and consultant, www.carynstark.com, Instagram: carynpsych, FB: Caryn Stark Private Practice 
  •  Lisa Dadio - Former Police Lieutenant, New Haven Police Department, Annie Le Lead Detective, Senior Lecturer, Director of the Center for Advanced Policing and Graduate Program Coordinator, Investigations program, University of New Haven 
  •  Kristy Mazurek - Emmy Award-winning Investigative Reporter
  • Mike Hadsell - President and Founder, Peace River K9 Search and Rescue, Twitter: @K9River, PRSAR.org
  • Dale Carson - Criminal Defense Attorney (Jacksonville), Former FBI Agent, Former Police Officer, Author: "Arrest-Proof Yourself, DaleCarsonLaw.com
  • Sheryl McCollum - Forensic Expert & Cold Case Investigative Research Institute Founder, ColdCaseCrimes.org, Twitter: @ColdCaseTips
  • Joe Scott Morgan - Professor of Forensics: Jacksonville State University, Author, "Blood Beneath My Feet", Host: "Body Bags with Joseph Scott Morgan"
  • Mahsa Saeidi - Investigative Reporter, WFLA-TV (Tampa), Twitter/Instagram: @MahsaWho, Facebook: "WFLAMahsa"
  • Dale Carson - High Profile Attorney (Jacksonville), Former FBI Agent, Former Police Officer, Author: "Arrest-Proof Yourself, DaleCarsonLaw.com
  • Dr. Bethany Marshall - Psychoanalyst, www.drbethanymarshall.com, New Netflix show: 'Bling Empire' (Beverly Hills)
  • Joe Scott Morgan - Professor of Forensics: Jacksonville State University, Author, "Blood Beneath My Feet", Host: "Body Bags with Joseph Scott Morgan"
  • Michael Ruiz - Reporter, Fox News Digital, Twitter: @MikeRreports
  • Wendy Patrick - California prosecutor, author “Red Flags” www.wendypatrickphd.com 'Today with Dr. Wendy' on KCBQ in San Diego, Twitter: @WendyPatrickPHD
  • Dr. Angela Arnold - Psychiatrist, Atlanta GA www.angelaarnoldmd.com, Expert in the Treatment of Pregnant/Postpartum Women, Former Assistant Professor of Psychiatry, Obstetrics and Gynecology: Emory University, Former Medical Director of The Psychiatric Ob-Gyn Clinic at Grady Memorial Hospita
  • Sheryl McCollum - Forensic Expert & Cold Case Investigative Research Institute Founder, ColdCaseCrimes.org, Twitter: @ColdCaseTips
  • Joe Scott Morgan - Professor of Forensics: Jacksonville State University, Author, "Blood Beneath My Feet", Host: "Body Bags with Joseph Scott Morgan"
  •  Mahsa Saeidi - Investigative Reporter, WFLA-TV (Tampa), Twitter/Instagram: @MahsaWho, Facebook: "WFLAMahsa"

See omnystudio.com/listener for privacy information.

Transcript

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0:00.0

Crime Stories with Nancy Grace.

0:07.0

Can the family of murder victim, a beautiful young girl, Gabby Petito, bring a wrongful death lawsuit against the Moab Police Department for Gabby's death.

0:23.0

If you will recall, Gabby and her killer slash fiancé Brian Laundry were pulled over by Moab Police.

0:35.8

Witnesses had seen Brian Laundry hitting Gabby in the face. Yet after Brian Laundry

0:45.8

takes off in the car in Gabby Petito's Ford Transit, almost leaving her behind, She had to try and jump in the car window. He was leaving

0:59.7

not only in her for transit, but everything she owned in the world. She had single-handedly

1:06.9

customized the transit for a cross-country trip. In the heat of the moment, after hitting her

1:14.1

in the face, he tries to drive off with her transit at all her worldly belongings. She finally

1:19.9

gets in and not too far out of the city, she's pulled over along with laundry who's driving. And believe it or not, the Moab police name her as the aggressor and let them go.

1:38.3

It was within hours that Gabby Petito was murdered by her violent fiancé Brian Laundry.

1:47.1

So, bottom line, can her family sue the Moab Police Department?

1:53.2

Well, as of right now, believe it or not, the answer is no.

1:58.0

But let me guarantee you.

2:07.3

I predict this case ain't over yet and that it will become extremely complicated and contentious. Remember, this happened in Moab, Utah. The Utah 7th District Court, Judge Don Torgerson, agreed with the city of Moab.

2:24.0

They requested that the Gabby Petito family motion be dismissed. And the judge went along with it.

2:35.2

He basically said, this is too big for a district court to decide.

2:40.9

And appeals courts will have to determine if the potatoes had a case.

2:47.2

Now, many people argue that Judge Torgerson had no choice but grant the request to dismiss

2:54.1

the case based on something called governmental immunity. It's also called sovereign immunity,

3:03.0

which dates all the way back to our common law from Great Britain, the king can do no wrong.

3:09.3

In other words, you can't sue the king and here you can't sue the government.

3:15.8

So what the potatoes are asking is for the judge to rule against sovereign immunity. Well, I think everybody else is wrong. I think

...

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