Beyond The Horizon
ICYMI: The Petito Family Refiles Their Lawsuit Against The City Of MOAB
The parents of Gabby Petito have refiled their lawsuit with the Utah court as they continue to attempt to hold the MOAB police department accoutable for what they say was a deriliction of duty on the part of the department when their officers, who responded to a domestic abuse call regarding Gabby and Brian and ended up just separating the two, instead of making an arrest.
Now, the Petito family, fresh off their resolved lawsuit with the Laundries, has refiled their 50 million dollar lawsuit against the MOAB police department with the hope that the lesson learned will make sure that this never happens to anyone else in the future.
MOAB's lawyer has called the lawsuit a publicity stunt and has blasted the entire process.
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to contact me:
bobbycapucci@protonmail.com
source:
Murdered Gabby Petito's mom vows to ‘never give up’ as family's $50 million wrongful death lawsuit against cops refiled | The US Sun (the-sun.com)
- Duration:
- 13m
- Broadcast on:
- 24 Jun 2024
- Audio Format:
- mp3
What's up everyone and welcome back to the program. Recently the potatoes settled a lawsuit with Brian Laundrie's family and while that squares away a little bit of the family business, there's still another lawsuit against the Moab Police Department that is yet to be settled. So this is a lawsuit that's going to make its way through the system and I would think that Moab, if they're smart anyway, they're going to be looking to get involved in a settlement here or something like that, so that a jury doesn't get this in front of them, because all you have to do is take a look at the video from Moab to know that the police department was out of line, to know that they should have taken Brian Laundrie to jail or Gabby to jail, somebody to jail, instead they split them up. And then not long after, well, we all know the results. So the Moab Police Department certainly has some explaining to do. And I know that if I was in paneled on a jury and hearing the facts in this case, Moab would end up being $50 million lighter, because there's no way that you can watch that video, especially with hindsight, and say to yourself that the officers who responded did the right thing. And that also goes to the vein of these guys not having the right amount of training. So instead of the fund the police, how about retrain the police? Probably a good idea, no? Just go and ask the people in San Francisco about the funding the police or up in Seattle or maybe Portland. Real good idea, huh? And believe me when I tell you, I'm not somebody that's sitting out here talking about, oh, back the blue. That's not the kind of person I am. But the fact of the matter is there's people out there that wish you and your family ill will. And the only thing standing between you and those people are people in law enforcement. So I never understood the hold the fund the police movement when we should have been talking about retrain the police, because if these police had received the proper training and who had a deal with the situation like this, maybe this whole entire thing could have been averted. Today's article is from the US sun and the headline fight for justice, murdered Gabby Petito's mom vows to never give up as family's $50 million wrongful death lawsuit against the cops refiled. This article was authored by Katie Forrester 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, Nicole Schmidt and Joseph Petito filed their bombshell case against the Moab City Police Department in November of 2022. But it accuses officers of a series of failures after a 911 call came from a witness claiming Petito and her boyfriend, Brian Laundry, were involved in a domestic dispute on August 12, 2021. So the second that you get that call is a police officer and you hear there's a domestic and there's a witness saying somebody hit somebody. Well, probably a good idea to arrest that person. No, I mean, I know here in Las Vegas, forget it. If there's a call for a domestic violence situation, somebody's going to jail 99% of the time. And that should have been the case here. Somebody should have went to jail and a witness even said that he saw Brian hit Gabby. Laundry was allegedly seen slapping his girlfriend, but when Gabby also admitted to hitting him, police deemed her the primary aggressor. Imagine she's the primary aggressor, the girl with the black eye. Like on what planet do you live on? If you think that this girl right here is the primary aggressor, especially knowing that in a domestic violence situation, the abused more times than not is going to try and stick up for the abuser. How many times have we seen that? I'm certainly not a cop, but I don't think you need to be servico to know the deal here. Officers chose not to arrest her instead separating the couple for the night. Brian later murdered Gabby and left her body in a campsite before eventually killing himself after a manhunt. And Brian Laundry was the ultimate coward. This dude not only killed Gabby, but then this ball headed, barefooted, melon munching motherfucker decides to kill himself like a straight up coward instead of facing the music. The only thing that's unfortunate in my opinion is that he wasn't eaten alive by an alligator or a bear or something while he was in that swamp. 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 and Mcconkey law firm, the case had previously been prevented from proceeding and to stay imposed by the court. However, on February 22nd, 2024, the Utah district court cleared the way for the case to move forward. All good, this case should be moving forward. And Jerry should decide one way or the other what the reward is going to be if there is going to be a reward. But I don't understand how anyone could sit here and say that a trial isn't necessary, especially considering everything that we know. So let's get this trial moving and let's see what's what. And that way, hopefully Moab learns a very painful lesson here, but also a lesson moving forward on how to train their officers. So this doesn't happen again. Let's not act like Moab is in a hotspot when it comes to tourism. I've said it many times. I love Moab, one of my favorite places in Utah. So it was very disappointing to see the Moab police department get caught up in this. I've never had any issues with Moab police when I was up there. Everybody seemed to be cool. Everybody seemed to be great. So for me, it's not about having, you know, an axe to grind or anything like that. It's about what's right. And what's right here is that the potatoes get a financial settlement and the city of Moab, they change their tune. They have to make sure that they're doing things the right way and moving forward so that this doesn't ever happen again. 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. And I think that's the right way to go about it. These police officers, they weren't trained correctly. Let's just be very clear. So while I think that their behavior was beyond the pale as far as not arresting somebody and letting a domestic violence situation just basically go unchecked, they were performing that duty as representatives of the city of Moab as peace officers of the city of Moab. So they should have had the proper training. And the city obviously did not provide that training. And that's how we ended up here Gabby's mom, the call 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 towards systemic change to prevent such tragedies in the future. With these impediments removed from their path, the case can now go forward. And I think that's all anybody wants, right? Let's see what a jury has to say. Let's see what the judge has to say. And let's keep it moving. But watching it get gummed up in the system and trying to work its way through that system, that has to be frustrating for the potatoes, right? I mean, you have to think that after everything that they've went through, that the process would be expedited a little bit. But it's not, especially when there's $50 million on the line. The new court filing states that the family is bringing the action against the department, alleging that it's negligence and 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, cause Gabby's tragic and untimely death. The 38 page document goes on to allege the police investigation was deeply flawed. Despite the witnesses report, the officers treated Brian as if he was the victim of domestic abuse rather than the perpetrator. In fact, the officers never directly questioned Brian about whether he had Gabby or how she ended up with scratches on her face. And there's just no excuse for it. There's eyewitness testimony, Gabby has marks on her, and this is the way you do the role. They fail 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. And unfortunately, like I said earlier, a lot of women who are abused, this is what they do. They come to the defense of their abuser for whatever reason, you know, Stockholm syndrome, or I love them, they're going to change. There's a lot that goes into it. But the sad truth is, people who are raising their hands to you, if there's a dude out there in your life who's beaten on you, you need to go. He's not going to change, and anybody who really loves you isn't putting their hands on you. And I know it's easier said than done, but there's resources out there and there's people out there to help. The U.S. son revealed that 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. During a break from the job he stated online, I'd find my own loopholes perfectly legal. And I think very just loopholes. Ah, well, isn't that nice? The deputy dickhead over here thinks he's the judge, the jury, and the law, huh? Breaking news, buddy, do your job correctly, okay? Because if you don't, the whole ass city might be on the hook for 50 million. The lawyer hits back. Moab Police Department previously retained counsel, having hired Mitchell A. Stevens, a top-rated business litigation attorney in Salt Lake City. Mitchell previously told the U.S. son, "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 Laundry to murder Gabrielle Petito. When called, Moab's officers responded with kindness and respect. They also separated Ms. Petito and Mr. Laundry for the night. The next morning, Ms. Petito and Mr. Laundry chose to continue their ongoing road trip, traveling hundreds of miles together over the following weeks. He leaves the part out, though, about how somebody should have been arrested. That little tidbit might be important, no? He went on to blast the lawsuit brought by the family, claiming the plaintiff's 50 million dollar demand appears to be a publicity stunt. Can you imagine saying that to the Petito's after they lost their daughter? And these officers basically didn't do shit to protect her? Even if the plaintiffs believe that the Moab City is liable, it's strange credibility to suggest the city is 15-20 times more responsible for Ms. Petito's death than Brian Laundry, for murderer. Meanwhile, in 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, Stephen Bertolino, for intentional infliction of emotional stress for their behavior after Gabby disappeared. Christopher and Roberto Laundry refused to share any information about the situation with the Petitos when asked for help locating their daughter. The body of 20-year-old Gabby was found in Grand Teton National Forest in Wyoming after a week's 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. Alright, so at some point we're going to dive into the court documents to get a full look at what the Petitos are alleging, but I wanted to just set the tone here and get this article added to the catalog so we could keep it moving. Either way, I have a funny feeling that Moab, for all their bravado here, is going to look to get into a settlement phase and pay out a few bucks so they're not on the hook for the whole 50 million. Because we all know that juries don't take too kindly to lawyers for police departments shaming families. Probably not the right way to go. So either way, we'll keep an eye on things and when we have more to add, we'll certainly get it added to the catalog. But until then, all of the information that goes with this episode can be found in the description box.