Major update after Gabby Petito’s parents win massive victory in legal battle against Brian Laundrie’s family
GABBY Petito's parents earned a massive victory in their legal battle against Brian Laundrie's family after a judge decided to move forward with the case.
The court's ruling was made based on Laundrie family attorney Steven Bertolino's statement during the search for Gabby, which Judge Hunter W Carroll called "objectively outrageous".
Bertolino said at the time, "On behalf of the Laundrie family, it is our hope that the search for Miss Petito is successful and that Miss Petito is reunited with her family."
The Laundrie's silence and Bertolino's comment - while allegedly knowing Gabby was dead - provided false hope and invoked emotional distress, Petito's lawyer, Patrick Reilly, argued in court.
"Because the Laundries' statement by their attorney in the context of the unique faces of this case is objectively outrageous, the Court concludes that Plaintiffs [Petitos] have stated causes of actions for intentional infliction of emotional distress against the Laundries," Judge Hunter wrote.
"If the facts of this case truly were about silence with no affirmative act by the Laundries, the Court would have resolved this case in the Laundries’ favor on the concept of legal duty.
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"But they did not stay silent," the judge continued.
Gabby's parents, Nichole Schmidt and Joe Petito released a joint statement through their lawyer saying they're "appreciative of the thorough and well-reasoned" decision of Judge Carroll.
"This gives them an opportunity to proceed with their claim for the emotional distress caused by the conduct of the Laundries," the family said.
"Joe and Nichole look forward to discovering the information the Laundries knew about Gabby's death and her whereabouts, and in particular getting a copy of any correspondence, emails and texts exchanged during the difficult period when Gabby's whereabouts were unknown."
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Joe tweeted the hashtag "The truth will be revealed," as well as the hashtag "Justice for Gabby".
Gabby's parents, who divorced and remarried, held their spouses' hands as they walked to the courtroom together on June 22.
Nichole clutched her necklace locket that holds Gabby's ashes, and they all wore "Justice for Gabby" bracelets meant to represent Gabby's life, not her death, her parents said.
After the hearing, Nichole held out a small prayer card that their lawyer said was made by a well-wisher from Australia who drew an image of Gabby as an angel.
No one from the Laundrie family appeared in court.
BRIAN LAUNDRIE'S NOTEBOOK REVEALED
The ruling comes days after Brian's mysterious journal containing his supposed confession was made public by the Laundrie family attorney, Bertolino.
's notebook was recovered by the from the Myakkahatchee Creek Environmental Park on October 20, 2021, along with his skeletal remains.
In the notebook, he admitted to "ending" Gabby's life, calling it a "merciful murder".
Brian claimed Gabby was dealing with some sort of injury and would "wake in pain".
He wrote that he "ended her life, mercifully" because that was "what she wanted."
"She would wake in pain, start her whole painful cycle again, while furious that I was the one waking her," the 23-year-old wrote.
"She wouldn't let me try to cross the creek, thought like me that the fire would go out in her sleep, and she'd freeze.
"I don't know the extent of 's injuries, only that she was in extreme pain.
"I ended her life. I thought it was merciful, that it is what she wanted, but I see now all the mistakes I made. I panicked. I was in shock."
"From the moment I decided, took away her pain, I knew I couldn't go on without her," Brian concluded.
He also alluded to seeing his family after killing the young vlogger, and asked the public not to "make life harder for his family."
"I am sorry to my family. This is a shock to them as well as a terrible grief. They loved as much, if not more than me.
"A new daughter to my mother, an aunt to my nephews (sic).
Please do not make this harder for them. this occurred as an unexpected tragedy," Brian is believed to have written.
'CAN'T LIVE ANOTHER DAY WITHOUT HER'
He added: "I rushed home to spend any time I had with my family. I wanted to drive north and let James or TJ kill me but I wouldn't want them to spend time in jail over my mistake, even though I'm sure they would have liked to.
"I am ending my life, not because of a fear of punishment but rather because I can't stand to live another day without her.
"I've lost out whole future together, every moment we could have cherished. I'm sorry for everyone's loss. Please do not make life harder for my family, they lost a son and a daughter. The most wonderful girl in the world. Gabby I'm sorry."
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Brian continued: "I have killed myself by this creek in the hopes that animal may tear me apart. That it may make some of her family happy.
"Please pick up all of my things. Gabby hated people who litter."
Gabby Petito timeline
Gabby Petito, 22, was last seen on August 24, leaving a hotel in Utah. Here is a timeline of Gabby Petito's disappearance:
- June 2021 - Gabby Petito and her fiancé Brian Laundrie set off on a cross-country trip across the US.
- July 4 - Gabby posts photos of herself barefoot in Gove County, Kansas.
- July 8 - Gabby posts photos of herself at the Great Sand Dunes National Park in Colorado.
- July 18 - Gabby and Brian post photos of themselves at Utah's Zion National Park.
- August 12 - Body camera footage was released in September showing an encounter Brian and Gabby had with police in Utah. Police confirmed that no significant injuries were reported.
- August 19 - Gabby and Brian post a video on their YouTube channel chronicling their trip.
- August 24 - Gabby is spotted leaving a hotel in Salt Lake City, Utah.
- August 25 - Gabby Facetimes her mom, Nichole Schmidt, for the final time. In a later police report, Schmidt said her conversations with her daughter revealed "more and more tension" between her and Brian.
- August 25 - Gabby also posts her last Instagram. No location is given.
- August 27 - Gabby is seen for what's believed to be the final time. Witnesses claim they saw Brian in an explosive argument with staff at a restaurant in Jackson Hole, leaving Gabby in tears.
- August 27 - Four hours later, travel bloggers driving through Grand Teton National Park drive past the couple's van "abandoned" on a dirt road.
- September 1 - Brian returns home to Florida without Gabby.
- September 11 - Gabby's parents report her missing to Suffolk County police.
- September 14 - Brian's family issues a statement saying he has retained an attorney and will not be cooperating with investigators.
- September 14 - Brian is allegedly last seen by his family. He reportedly told them he was going hiking in Cartlon Reserve but failed to return.
- September 15 - Florida's North Port police announce Brian is a person of interest in the case. He is not charged with any crime.
- September 16 - Utah police release body camera footage of the police encounter with Brian and Gabby.
- September 17 - Brian's parents say they have not seen their son in a couple of days and report him missing.
- September 18 - Police announce they were searching Carlton Reserve in Florida for Brian. Police announce they have not found anything.
- September 19 - Authorities in Wyoming say they found a body in Grand Teton National Park. The FBI announces the body was believed to be Gabby's but a full forensic identification needs to be completed first to confirm.
- September 20 - Police execute a search warrant on Laundrie's home, seizing his silver Mustang and a hard drive that may contain "evidence relevant to proving that a felony has been committed."
- September 21 - Officials announce they will be conducting an autopsy on the remains found in Wyoming to confirm whether or not they belong to Gabby. Police also resumed their search for Laundrie, this time on the Venice side of Carlton Reserve.
- September 21 - The FBI announced the body found in Wyoming was identified as Gabby's. The cause of death was not yet revealed.
- September 21 - The Teton County Coroner's office said Gabby's official cause of death was still pending but the initial manner of death is homicide.
- September 22 - Police continue to scour Carlton Reserve for a trace of Laundrie but yield no leads. A specialist dive team is called in to assist with the hunt.
- September 23 - Officials announced a federal arrest warrant for Brian was issued.
- September 26 - Gabby's funeral was held on Long Island, New York.
- October 12: Gabby's autopsy results were made public. Teton County Coroner Dr Brent Blue confirmed Gabby died by strangulation.
- October 20: Laundrie's personal items were found at the Myakkahatchee Creek Environmental Park. A medical examiner was called to the scene.
- October 21: The FBI confirmed the remains found have been identified as Laundrie's.
- November 23: Laundrie's autopsy reveals he died from a gunshot wound to the head.