Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #68

[SouthAussie]

What Did HB 1 do?

New Crimes: Mob Intimidation
Even if something is not deemed a riot, it could be deemed mob intimidation, which carries a penalty of up to a year in jail:

It is unlawful for a person, assembled with two or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon, or maintain a particular viewpoint against his or her will.

There is no definition of “force” or “threaten to use imminent force,” and we expect that law enforcement will interpret this very broadly.

I don't think the protestors outside the L residence rise to this level. IMO.

There is some pretty threatening language being used. imo

One person from the pair, a man, could be heard shouting, “Come on, dirty Laundries,” “Come on, you guys like to strangle people,” “We’ll be back,” and “Speak up soon.”
BREAKING NEWS: Laundrie family attorney reacts to news Gabby Petito was strangled

The sister of wanted fugitive Brian Laundrie has been inundated with death threats since Gabby Petito went missing, police records show.
Brian Laundrie’s sister calls police nine times after multiple death threats

 

[putnam6]

I mean, if we think like BL thinks, sure it's a successful outcome, for him, so far. But I don't think it will last. Also, do not forget that SB can be called as a witness in this trial. Once BL is arrested and charged with murder, and indicted, and is behind bars where he belongs (IMO), he will get a public defender for an attorney. And LE will have lots of questions for his parents and SB. MOO.

I do not know for sure just bringing it up cause I know somebody here will have an answer.

What's to keep SB from pulling a Robert Kardashian, being part of the legal team would keep him from having to testify would it not?

 

[B4igo2it]

"Chris and Roberta Laundrie do not know where Brian is," the Laundrie family said in a statement on September 27. "They are concerned about Brian and hope the FBI can locate him. The speculation by the public and some in the press that the parents assisted Brian in leaving the family home or in avoiding arrest on a warrant that was issued after Brian had already been missing for several days is just wrong."
October 7, 2021 publication
Brian Laundrie flew to parents' home in Florida during trip with Gabby Petito, returning 4 days before her disappearance

 

[Barbie619]

Gabby Petito's heartbroken family make desperate plea in search for justice | 60 Minutes Australia

20 minutes

In an interview with 60 Minutes Australia, Ms Petito’s stepfather, Jim Schmidt, said: “We want vengeance and justice, and for him to pay for his crimes.”

I love that U.S. Marshall. When he said at the end "you can run, but you can't hide, but when you do run you go to jail tired." Perfecto!

 

[BellaVita]

DV Mab stop should have flashed on police records as soon as they entered her name as missing.
Is that probable cause as well as her property, the van, registered to her being parked there.
Did they even check to see if she was lying dead in it?
Why not?

OK, I'm not saying you are wrong, but it would surprise me if a stop that didn't result in charges would flash across the screen in North Port. The van registered to her being parked there would not establish probable cause, IMO. There's nothing saying that an owner has to be in proximity to her vehicle. I am sure that a big red alert went off to GP's family and probably a lesser red alert to LE after talking to the P's. I'm still not seeing any probable cause at that time, IMO. And I'm 100% against the L family in every way you can imagine.

 

[Michelleruby]

BBM
I saw that on youtube today. I am worried about her stepfather. He was the strong one when it first happened and he's more emotional now. He and her mom were so sad. I'm sure they all have their moments of total devastation, how could they not.

I’m glad he’s not being strong anymore, it’s completely appropriate to be sad and emotional at a time like this and being ‘strong’ only delays the grieving process. They have a long road ahead in that regard.

 

[MyBelle]

Josh Taylor: The first time we had interaction with the Laundrie family was on September 11, very late at night, blending over into the 12th after midnight. And I would say that they were not cooperative as far as sharing any details. You know anytime you come and you’re potentially trying to figure out if is someone missing or are they just not wanting to talk to their family, like what’s going on. And you have somebody else, who’s like “well here’s our attorney’s info.” And that’s odd, and we’ve said that from the beginning that whole interaction was odd.

"Odd" is being kind. I think it triggered bells and whistles. The Laundries and their attorney have only themselves to blame.
JMO

 

[meatandcookies]

If Gabby was a Pharmacy Tech, that would require a professional license. Florida has an online license lookup/verification (Department of Health) for anyone interested in determining if she held that specific professional license. Ditto, dietician/nutritionist. Inactive and suspended licenses are included.

GP does not appear to have had a pharmacy tech license: https://mqa-internet.doh.state.fl.us/MQASearchServices/HealthCareProviders/IndexPaged?page=1

And per the state of Florida, licensed nutritionists are required to have a bachelor’s degree, which AFAIK, she didn’t have. Learn About Licensees | Florida Department of Health

MOO

 

[karen in New York]

Yes, a few Floridians said the same thing when HB1 was legislated earlier this year in FL.

https://www.wptv.com/news/state/as-...igning-hb-1-opponents-terrified-of-its-impact

Apparently, HB1 was introduced to try to control rioting, but it is 'feared' it may be used against other mob protests.

I guess, if any of the neighbours have grown sick and tired of the disturbance, they might wish to get their own lawyers involved about the mob who is continually protesting on their suburban street.

And trespassing on personal property. Most communities also have sign ordinances - even in election cycles. They have to removed within a certain period of time and permission given before they are posted on private property.

 

[dacjess]

I’ve said twice I see both sides to the coin. I just don’t think us on WS are going to get them removed, they’re there until they’re removed or they leave because if it was illegal the police would have intervened by now. I know they did for the bullhorns but they didn’t move the protestors on so IMO mustn’t be illegal. I feel like it’s just causing bickering but that’s MOO.

I agree about the bickering. I also looked at the video from today and it’s maybe 5 people. I understand the annoyance, but the way we have been talking, I thought there would be 50 people out there. I don’t condone anyone but I also think the media is spinning this to be bigger than it is. It’s 5 people standing around yelling in case anyone hasn’t looked and is just referring to headlines talking about crazed protestors.

https://mobile.twitter.com/FoxNews/status/1449793813631967234

 

[Coquette]

DV Mab stop should have flashed on police records as soon as they entered her name as missing.
Is that probable cause as well as her property, the van, registered to her being parked there.
Did they even check to see if she was lying dead in it?
Why not?

The Moab police officers talked about their decision not to charge anyone with DV or cite either party during that stop. IMO, this would mean there would be no record, therefore nothing would show up if GP or BL's names were searched. Here is video of their exact words to back this up. It can be found within this story about the internal investigation now taking place.


"City of Moab launching internal investigation into traffic stop involving Brian Laundrie, Gabby Petito" City of Moab launching internal investigation into traffic stop involving Brian Laundrie, Gabby Petito

 

[steeltowngirl]

It doesn't answer my question, though I truly appreciate the answer.

Seems like it needs to be said again: Gabby was not found inside a National Park. I have worked on cases in three national parks (as a consultant) and one national monument. National Parks are different to National Forests, which is why I was asking for an interpretation regarding National Forests.

Four people I knew in high school died in our local National Forest. Two were investigated as murders - by our County Sheriff. In the process of that, a different crime was uncovered (involving a friend of one of the deceased boys). That was prosecuted in Superior Court in our County.

So, I'm well aware that things go down different in National Parks - but the way I read that statute and all the cases I can find of murder in a National Forest (Bridger-Teton in this case) are prosecuted the the relevant State.

Because there are specific laws about weapons and guns in National Parks (that are federal laws), National Park crimes are prosecuted differently (I'm not an expert on that either, and the cases I was involved in had elements that specifically violated NP rules, regulations or laws).

But what about National Forests. Gabby was found in a National Forest. Here's that US (Federal) Code Section again:

//The jurisdiction, both civil and criminal, over persons within national forests shall not be affected or changed by reason of their existence, except so far as the punishment of offenses against the United States therein is concerned; the intent and meaning of this provision being that the State wherein any such national forest is situated shall not, by reason of the establishment thereof, lose its jurisdiction, nor the inhabitants thereof their rights and privileges as citizens, or be absolved from their duties as citizens of the State.//
(Emphasis mine).

It seems to me if a law that is a Federal law (such as banking laws or FAA laws) is broken inside any jurisdiction, the Feds get it. But it also seems to me, from personal experience and from looking at National Forest serial killers such as Gary Hilton (there's a good wikipedia article on him) that such crimes are tried in County Courts. In this case, it would be Teton County that tries the case (IMO).

The alleged crime of BL (related to illegal use of some type of credit or debit card) falls under Federal interstate banking laws and would be Federal regardless of where it happened - but I do believe it happened in the NP. That's all the Feds can do. It's my understanding that this charge is being used to find BL and that the murder charge would have to be filed in Teton County...so for us court-watchers, that's important information.

I had also been searching for clarification on the criminal jurisdiction for homicide specifically in a National Forest (vs. a National Park). Someone upthread mentioned the Marvin Gabrion case. May I add a couple of other example cases to our collective research.

22 MS-13 Gang Members Charged With Machete Murders In Angeles National Forest

Two Set to Appear in Federal Court on Charges of Murder on Federal Land — FBI

National Forests in North Carolina - News & Events

 

[kittythehare]

OK, I'm not saying you are wrong, but it would surprise me if a stop that didn't result in charges would flash across the screen in North Port. The van registered to her being parked there would not establish probable cause, IMO. There's nothing saying that an owner has to be in proximity to her vehicle. I am sure that a big red alert went off to GP's family and probably a lesser red alert to LE after talking to the P's. I'm still not seeing any probable cause at that time, IMO. And I'm 100% against the L family in every way you can imagine.

There is a provision in Florida law to conduct a search without a warrant in an emergencies.
Emergency Circumstances: Finally, there is a doctrine that allows for exceptions in emergency situations. In an emergency, officers may be justified in taking action — including action that leads them to discover evidence through a search — without obtaining a warrant.

In this case , as the emergency was actually real, it's unlikely any evidence from this search, which never happened would have been tossed as she'd been murdered.

When Can Florida Police Conduct A Search Without A Warrant? | Miami Search Warrant Lawyers

 

[CharlestonGal]

I disagree. If Gabby had already reached the requirements for a welfare check and they discovered she was not there and her vehicle was ~ Then if no logical answers as to why were not provided ~ It should have immediately been escalated to a high enough priority to expedite her as really being endangered or dead. So get the warrant and get it quickly before the only person who can answer the questions (to show she's not in danger) leaves.
How long does it take to expedite a warrant?
I don't see the logic in the lack of immediate concern by LE here. MOOing again.l

It doesn't work that way. No judge is going to sign a warrant authorizing LE to enter and search a residence based solely on the fact a particular vehicle is parked there. A judge would require WAY more information than that. And any court would throw out the evidence based on such a flimsy warrant.

So LE did the only thing they could at that point - leave and go gather enough information to establish probable cause for a search warrant. imo

 

[ringbearer]

The disorderly conduct statute is pretty broad. bbm

The 2021 Florida Statutes

Title XLVI
CRIMES Chapter 877
MISCELLANEOUS CRIMES View Entire Chapter
877.03 Breach of the peace; disorderly conduct.—Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 59-325; s. 1147, ch. 71-136; s. 2, ch. 86-174.

Statutes & Constitution :View Statutes : Online Sunshine

 

[kittythehare]

The Moab police officers talked about their decision not to charge anyone with DV or cite either party during that stop. IMO, this would mean there would be no record, therefore nothing would show up if GP or BL's names were searched. Here is video of their exact words to back this up. It can be found within this story about the internal investigation now taking place.


"City of Moab launching internal investigation into traffic stop involving Brian Laundrie, Gabby Petito" City of Moab launching internal investigation into traffic stop involving Brian Laundrie, Gabby Petito

A record is still created because thy responded to a 911 call.

 

[MyBelle]

They didn't presume they were at the Laundrie residence. They were just trying to find out if the Laundries had heard from either GP or BL. By MyBelle


Your earlier post stayed that the police were sent to the Laundries residence by Gabbys father, to find out if the Laundries knew where BL and GP were. How does that translate into asking to speak to BL. That makes no sense. The police visit was either to find out where THEY were, or to question BL. It can't be both. IMO

Apparently it can be both because it did happen. JP contacted NP police on Sept. 10. He would have given them a description of Gabby's van. NP police did go to the Laundrie house on Sept. 11 and asked to speak with BL and his family. They were handed the attorney's card. The police have confirmed this and many links posted. JMO

 

[Sassafrass]

It was a welfare visit. not a courtesy call.
The Moab DV stop occurred on August 12, plenty of time to put that record online.
Also, her home, a vehicle , was there.
Surely a cursory search of at least that would have served them well if it had been photographed at that time?
They had information that she owned it from her father, presumably.

The terms are used interchangeably where I am. It is a courtesy call to respond to one civilian concerned about the well-being of another. In other words, the point of it is not criminal in nature, but more akin to mental well-being. LE is there to see if someone is OK. Obviously, if they see someone standing behind the door-answerer with a gun to the head of that person, they're going to take action. But they're not there on suspicion of a crime. it is a public safety effort. Not barging in once it involves an attorney, either, which shifts the tone.

In any case, if the P/S family didn't know B was back in L, if's unclear whose welfare they'd have been asking to check at the Ls' house. Thus, if you want yo split hairs, definitely reads more like a courtesy call than someone's welfare at that house.

As for the van - not sure if the local Utah traffic stops are entered into a nationwide database fully searchable with all details, not that it would even be reasonable or practical on a generic "I can't reach my daughter /bf/family" call. However, wasn't the van retrieved by LE the next day? What precipitated that, if not (at least in part) the NPPD visit and the P/S finalizing the missing persons report? I may have my dates or sequencing mixed, but if not, then it would appear that the home visit to the Ls' did in fact add enough to the overall concern such that a report could be formalized and her van retrieved. Which would suggest that LE did take note of the right things and acted swiftly once there was sufficient info to scale up the concern.

 

[Bluebythec]

There is a provision in Florida law to conduct a search without a warrant in an emergencies.
Emergency Circumstances: Finally, there is a doctrine that allows for exceptions in emergency situations. In an emergency, officers may be justified in taking action — including action that leads them to discover evidence through a search — without obtaining a warrant.

In this case , as the emergency was actually real, it's unlikely any evidence from this search, which never happened would have been tossed as she'd been murdered.

When Can Florida Police Conduct A Search Without A Warrant? | Miami Search Warrant Lawyers

Does the law specify what constitutes an emergency?

 

[BellaVita]

There is a provision in Florida law to conduct a search without a warrant in an emergencies.
Emergency Circumstances: Finally, there is a doctrine that allows for exceptions in emergency situations. In an emergency, officers may be justified in taking action — including action that leads them to discover evidence through a search — without obtaining a warrant.

In this case , as the emergency was actually real, it's unlikely any evidence from this search, which never happened would have been tossed as she'd been murdered.

When Can Florida Police Conduct A Search Without A Warrant? | Miami Search Warrant Lawyers

When Can Florida Police Conduct A Search Without A Warrant? | Miami Search Warrant Lawyers
I've already raised this point in prior posts. Emergency/Exigent Circumstances. Again, IMO, there was no probable cause. In hindsight, we know the emergency was real. From LE perspective, what was the justification? LE can't go around kicking in doors because an adult hasn't been in contact with family. GP did not have to be where the van was located. What was the emergency? MOO.