Gabby Petito Case Appeal Could Impact Charlie Kirk Family's Wrongful Death Lawsuit

A legal battle stemming from Gabby Petito's 2021 murder could determine whether the family of Charlie Kirk can pursue a wrongful death lawsuit over alleged security failures surrounding his assassination at a Turning Point USA event last year. The outcome of a Utah Supreme Court appeal in the Petito case may "pave the way" for Kirk's family to proceed, according to Brian Stewart, an attorney involved in the appeal.

Stewart, who represents the Petito family in their wrongful death claim, stated that Kirk's claims, as they currently stand, would likely be dismissed. "We would need the Utah Supreme Court to overturn Tiede to pave the way for Charlie Kirk's family to proceed," he explained. The Tiede ruling is a 1996 Utah Supreme Court decision that upheld the dismissal of a lawsuit related to the 1990 murders of Kay Tiede and her mother, Beth Potts. That decision affirmed the constitutionality of the state's governmental immunity law as it applies to wrongful death claims, barring suits against governmental entities when the injury results from a third-party assault or battery.

The Petito family's appeal centers on the argument that Utah's Constitution prohibits lawmakers from limiting or eliminating the right to recover damages for wrongful death. Their lawsuit against the Moab Police Department alleged negligence in their response to a traffic stop involving Brian Laundrie, two weeks before he murdered Petito. A judge had dismissed that case based on governmental immunity.

In September, Kirk's family filed a notice of claim, a precursor to a lawsuit. Their attorneys contend that Utah Valley University, the state of Utah, and key officials failed to adequately secure the event where Kirk was assassinated on September 10, 2025. The filing alleges that UVU Police Chief Jeffrey Long assured Turning Point USA organizers of security measures, stating, "I got you covered," despite concerns about rooftop access around the campus courtyard. Prosecutors state that a sniper on a rooftop across the courtyard fatally shot Kirk.

Stewart noted that even with such assurances, they might not be sufficient to overcome Utah's governmental immunity protections. He likened the situation to the Petito case, where the parents might have taken action but relied on police assessments that "it's no big deal." The Petito family's legal team argues that the Tiede ruling does not apply to their case and, if it does, should be overturned, citing the Utah Constitution's provision that "The right of action to recover damages for injuries resulting in death, shall never be abrogated."

Kirk's accused assassin, 23-year-old Tyler Robinson, has pleaded not guilty to aggravated murder and other charges. He faces the possibility of the death penalty if convicted. Robinson is scheduled for a court hearing later this week.