The Gabby Petito Case Revisited: Did Police Make the Right Call?

In our previous discussion, we broke down the Gabby Petito case and examined whether police made the right decision when they stopped Gabby and Brian Laundrie in Utah after receiving a 911 call reporting a domestic violence incident. Now, let’s take a deeper dive into the police response, the legal questions surrounding their decision, and how Arizona law handles similar situations.

At Grand Canyon Law Group, we frequently defend individuals facing domestic violence charges in Arizona. These cases are often complicated, and this high-profile case raises important questions about how law enforcement determines arrests in domestic violence incidents.

Did Police Miss an Opportunity to Prevent a Tragedy?

The 911 caller who reported the incident clearly stated that a male was seen hitting or slapping a female. However, when police arrived, their investigation took a different turn:

• Brian had visible injuries on his face
• Gabby admitted to hitting Brian
• Police began looking at Gabby as the primary aggressor
• Officers discussed arresting her but ultimately decided to separate them instead

While police noted that they could have arrested Gabby, they chose not to, and Brian was not arrested either, despite the 911 caller’s statement that he was seen hitting her.

Given what happened just weeks later, with Gabby’s tragic death, the big question remains: Did police get it wrong?

What Arizona Law Says About Domestic Violence Arrests

In Arizona, domestic violence is taken extremely seriously. Under ARS § 13-3601, law enforcement officers responding to domestic violence calls do not always have discretion when deciding whether to make an arrest.

Police must make an arrest if they have probable cause to believe that a domestic violence offense has been committed. In some cases, they can issue a citation, but when there is any sign of physical injury, an arrest is typically mandatory.

Had this happened in Arizona, officers might have been required to arrest one of them—or both—given:

✔ The 911 caller’s report that Brian was seen hitting Gabby
✔ Gabby’s admission to hitting Brian
✔ Visible injuries on Brian’s face

Why Didn’t Police Arrest Someone?

The officers in the Gabby Petito case openly discussed that they did not have discretion—meaning they should have arrested the person they determined was the primary aggressor.

However, they ultimately decided not to arrest anyone, which is unusual in domestic violence cases. In most situations, especially in Arizona, at least one person is arrested when police respond to a domestic violence call.

So, why didn’t they make an arrest in this case?

One possible explanation is that they:

✔ Did not believe they had enough evidence to prove beyond a reasonable doubt that a crime occurred
✔ Considered Gabby’s actions as self-defense rather than an act of aggression
✔ Chose de-escalation as a better option at the time

While officer discretion exists in some cases, this decision is now being scrutinized in light of what happened afterward.

Would an Arrest Have Saved Gabby’s Life?

The biggest question surrounding this case is: If police had arrested either Gabby or Brian that day, would it have changed the course of events?

Here are a few possible outcomes had an arrest occurred:

• Gabby could have been placed in a diversion program or given a no-contact order, preventing her from returning to Brian immediately.
• Brian could have been arrested instead, leading to intervention services or time apart, potentially stopping the escalation of violence.
• A court order could have mandated counseling or domestic violence intervention for both parties.

Unfortunately, we will never know if an arrest could have prevented the tragic events that followed. But it does highlight an important issue: domestic violence cases are complex, and how police handle them can have serious consequences.

What to Do If You Are Facing Domestic Violence Charges in Arizona

If you or someone you know is accused of domestic violence, the consequences can be severe. Even a misdemeanor charge can result in:

✔ Jail time
✔ Fines and probation
✔ Loss of firearm rights
✔ Difficulty finding housing or employment

These cases are not always clear-cut, and false accusations or misunderstandings can lead to wrongful arrests. That’s why having an experienced attorney is crucial.

At Grand Canyon Law Group, we specialize in defending domestic violence charges and ensuring our clients get a fair trial.

📞 Call us at (480) 573-6441 for a confidential consultation today.