Gabby Petito

[DLgal]

I think that's right. I haven't seen the statements by either the coroner or FBI. But they did confirm that the body IS Gabby Petito.

Keep in mind that homicide does NOT mean murder -- it just means one human killed another human. So it could be accidental, could be manslaughter, could be murder of some degree.

https://twitter.com/x/status/1440422513305997312

 

[Sinder]

How do they know it was a human killing a human without knowing cause of death?
Don't they have to know what caused death in order to know it was done by someone other than yourself?

 

[tinkerdorabelle]

Regardless, it looks so suspicious as he ran off. And they found his car with a note on it and the parents went and got it, so suspicious also, maybe even a diversion of where he really went, who knows. The whole case is so strange.

 

[bcla]

If it is determined to be a homicide that occurred outside of Federal jurisdiction in the state of Wyoming, then you are correct about premeditation. His is the Wyoming legal statute for murder:

Wyoming Statutes
TITLE 6 - CRIMES AND OFFENSES
CHAPTER 2 - OFFENSES AGAINST THE PERSON
ARTICLE 1 - HOMICIDE
6-2-101. Murder in the first degree; penalty.

Universal Citation: WY Stat § 6-2-101 (2014)
6-2-101. Murder in the first degree; penalty.

(a) Whoever purposely and with premeditated malice, or in the perpetration of, or attempt to perpetrate, any sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping or abuse of a child under the age of sixteen (16) years, kills any human being is guilty of murder in the first degree.

(b) A person convicted of murder in the first degree shall be punished by death, life imprisonment without parole or life imprisonment according to law, except that a person convicted of murder in the first degree who was under the age of eighteen (18) years at the time of the offense shall be punished by life imprisonment.

(c) A person convicted of murder in the first degree in a case in which the state seeks the death penalty shall be sentenced in accordance with the provisions of W.S. 6-2-102. In all other cases, including any case in which the state has determined not to seek the death penalty at any stage of the proceeding, the judge shall determine the sentence of life imprisonment without parole or life imprisonment taking into consideration any negotiated plea agreement and any evidence relevant to a determination of sentence which the court deems to have probative value.

And here are definitions of premeditatio:

The second element also requires the actor to have killed with “premeditation.” Premeditation is the “thinking over, deliberating upon, weighing in the mind beforehand, resulting in a deliberate intention to kill which constitutes the killing murder in the first degree.” Parker v. State, 161 P. 552, 555 (Wyo. 1916). “Premeditation need not have existed for any given length of time before the act, it being sufficient that it existed at the time of the act; and the intent and the act may be as instantaneous as successive thoughts.” Mattern v. State, 151 P.3d 1116, 1129-1130 (Wyo. 2007).

I believe this requirement for and definition of premeditation would be the same or similar under federal law if they take the case. My experience is on the enforcement side, so if we have any lawyers here, please feel free to correct me.

If there's a trial for murder that happened on federal land, it might be negotiation between the feds and local/state prosecutors over who gets to prosecute.

The other thing is that even if one jurisdiction does secure a conviction, the other can still try a case without double jeopardy coming into play under the separate sovereigns principle.

 

[a1tinkfans]

IMHO, Well… this determination….
I Really hope the family will have ultimately have Another look at this Autopsy and have it thoroughly reviewed… IF… it is pointed at him. I don’t want to feel like they will ..do..anything/stretching to now Justify All the manpower, across state lines, money spent on this 1 tragedy ( there are also two missing men and two other women murdered in that park), the apparent non communication and differing opinions on domestic violence wherein they did Not, arrest one of them, the lack of an earlier warrant and How they Could have had the guy followed, etc.
I personally want to feel Confident in the findings and if it were Clear Cut.. I think it would have been faster. They didn’t just have her “pending” … it’s already been days and the Attention and Emotions of Everyone including Law Enforcement are so high.
still… an Unspeakable Tragedy. RIP.

 

[bcla]

How do they know it was a human killing a human without knowing cause of death?
Don't they have to know what caused death in order to know it was done by someone other than yourself?

There have been murder trials where it was assumed that someone was deceased. That kind of case would have to be based on indirect evidence of course.

 

[nicolita3]

There are so many conflicting stories out there. I saw an interview last night of the neighbor saying that Laundries car never left it had been in the same spot for weeks. Then I saw supposed footage of him out at that swamp. I've also heard that she was found in a shallow grave, if so that doesn't sound very accidental. But who knows everything is so conflicting.

 

[Lumpy1106]

Knock off ur partner? Imho….
here’s my ….guess/opinion
They pulled off, likely where the van was seen parked.
he tookher phone and left her.. to cool off, decompress to just get away from her /punish her, whatever.
she was in no state to handle any of that. Got disoriented further and was then lost. He likely went back and could not find her. Called home and said she Left Him, and the parents said come home.
he likely felt guilty shame and panicked,
I too do not believe he murdered her. I’m making no excuses but the media hype is ridiculous at best and at worst wrong. Toxic relationship? I too question that. Saying he slapped her
Could have easily been pushing her away after she actually hit him and used her phone. She was likely on her phone all the time and he just had enough. They both appear to be young, immature adults that lived with mom n dad, clearly had some type of help .. both with those vehicles and part time Publix work.. doesn’t add up. They have been together for years, with no documented prior calls/police/other issues known.
sounds like they were both Overwhelmed by the Entire trip/blog etc atop obvious medical/mental health issues. It is sad and now turned Tragic!
as far as the parents… they were/are protecting their son who they likely believe truly didn’t harm her but is caught up in the entire
Tragedy and Leaving her. I think he left well before the Tuesday they claim tho. I also think they have Some Type of Law enforcement “ heads up” as to what was happening.

I hope they do find him, I truly hope that he didn’t murder her, I hope her parents can somehow, someway Live with their Own perceived/actual guilt… trying harder to reach her earlier, calling the Police earlier, regardless if Any of that would have helped. I’m also hoping that there is no finding of a murder but rather death from the elements.. I hope he is found alive so perhaps he Could provide some Answers for Both Families. . All their lives are Irrevocably changed. it’s Tragic all around. RIP

That was pretty much my theory too. If it's been ruled a homicide it looks like SOMETHING more took place though.
I don't know about you, but I hate this - all of it. Their "social media blah blah blah" reasons for going, the very obvious distress their relationship was in. There were just so many red flags it's impossible for me to comprehend why they didn't just call it off and head home.

 

[bcla]

https://www.jhnewsandguide.com/news...cle_24939bd5-f5cd-5142-8970-f098c9fff54c.html

 

[DLgal]

That was pretty much my theory too. If it's been ruled a homicide it looks like SOMETHING more took place though.
I don't know about you, but I hate this - all of it. Their "social media blah blah blah" reasons for going, the very obvious distress their relationship was in. There were just so many red flags it's impossible for me to comprehend why they didn't just call it off and head home.

I have a really hard time understanding how this trip kept going after that traffic stop. She called her mother WHILE the cops were still there! No one thought she should drive to the nearest airport and just fly home? What happened between Aug 12 and 25? There's a hole there where it has been alleged that Brian flew back to FL and then back out to Salt Lake City and a hotel Gabby was staying at, after him telling cops they didn't have money for one night in a hotel. And why did nearly 2 weeks pass between her last (alleged) text and her being officially declared missing? 2 weeks is a long time to be texting your daughters boyfriend and his family with no responses. And then the FBI telling Gabbys family to stop talking about their relationship a few days ago? What's that about? This whole thing is so weird.

 

[VandVsmama]

The FBI has probably already put together some sort of profile on Brian. And they probably had a good reason for telling Gabby's family to stop talking about the relationship. Their reasons might have something to do with the man hunt that's underway.

 

[Kms943]

There are so many conflicting stories out there. I saw an interview last night of the neighbor saying that Laundries car never left it had been in the same spot for weeks. Then I saw supposed footage of him out at that swamp. I've also heard that she was found in a shallow grave, if so that doesn't sound very accidental. But who knows everything is so conflicting.

Keep in mind, there are numerous large predators in the Tetons that often bury their prey (Grizzly bears, Wolves, etc.). I get the impression from some reports that the remains may not have been fully intact which could indicate animal involvement in the shallow grave aspect and not necessarily a human burying her. We will have to wait for details to be released.

 

[JimMIA]

I think we have to separate what we know to be true from what we've heard, what someone has posted on Facebook, rumors, etc.

Social media has performed a service by publicizing the case, but it has also publicized a lot of false or unsubstantiated "talk." And then someone posts something they read in some blog, it gets repeated, and all of a sudden it's accepted as fact. We need to keep "Honest Abe's" wise counsel in mind:

 

[JimMIA]

How do they know it was a human killing a human without knowing cause of death?
Don't they have to know what caused death in order to know it was done by someone other than yourself?

Not necessarily. The legal classification of the death and the determinations of cause, date/time, and manner of death are separate questions. There is not enough information available to us to really understand everything. And that information will also probably not be available anytime soon. There is a lot more work to be done by the coroner, and it's impossible to guess what the final conclusions will be at this point.

The first tip about what happened may come if authorities change Brian's classification from "person of interest" to "suspect." If they get a warrant for his arrest, the warrant affidavit will have to at least spell out sufficient probable cause for arrest and that will give a much clearer picture of what happened.

 

[JimMIA]

For those wondering what kind of criminal exposure Brian's parents may have...probably not much under Florida law.

 

[DLgal]

For those wondering what kind of criminal exposure Brian's parents may have...probably not much under Florida law.

View attachment 606479

Interesting. So crime families are a-OK in Florida, then? Is this the case in other states as well?

 

[JimMIA]

Interesting. So crime families are a-OK in Florida, then? Is this the case in other states as well?

Probably. Most of our criminal laws are derived from English common law. You'd have to Google your state's law to find out.

 

[RamblingMad]

This is looking more and more like a miniseries in the making.

 

[NotUrsula]

Interesting. So crime families are a-OK in Florida, then? Is this the case in other states as well?

As of 2009 when this article was written, a total of 14 states had some exemption for close family members when it comes to prosecution for obstruction of justice: https://freakonomics.com/2009/07/13/when-the-fugitive-is-a-family-member-a-guest-post/

I don't think these sorts of laws truly protect what I would think of as a "crime family", however. (That is, a criminal enterprise whose members happen to be relatives.) In situations like that, it's frequently the case that the family member was a co-conspirator re: the commission of the crime.

As for the miniseries, definitely. I'd be willing to bet that someone sat down and started writing a script the minute it hit the news that he had driven home alone.

 

[JimMIA]

Regardless of the exceptions, the most difficult aspect of accessory after the fact is the scienter (knowledge) part. To get a criminal conviction, you have to prove that the defendant knew the other party had committed a serious felony when they provided assistance. It's very difficult to prove beyond a reasonable doubt what was in someone's mind at any point in time.