The family of Gabby Petito, a vlogger who was killed by her boyfriend Brian Laundrie last year, said they intend to file a wrongful death lawsuit against the Utah police department.

In this image taken from police body camera video provided by The Moab Police Department, Gabby Petito talks to a police officer after police pulled over the van she was traveling in with her boyfriend, Brian Laundrie, near the entrance to Arches National Park on Aug. 12, 2021.

Petito talks to a police officer after police pulled over the van she was travelling in with her boyfriend, Brian Laundrie, near the entrance to Arches National Park.

Associated Press

According to CBS News, the family alleges in a notice of claim sent to the state that the police department failed in their duty when investigating the August 12, 2021 altercation between Petito and Laundrie.

Though body camera footage of the incident was released, lawyers for the family said there is an unfinished photo showing blood smeared on her cheek and left eye, which shows the violent nature of Brian's attack.

The suit says that officers didn't question Laundrie's inconsistent story and found Petito to be the primary aggressor.

The report states that officers failed to cite Ms. Petito for domestic violence because she admitted to hitting Laundrie.

The family can proceed with a lawsuit if the police department responds within 60 days.

Church told Forbes that she doesn't comment on pending litigation.

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The family's lawyers said in a statement that "failure to follow the law can have deadly consequences."

Key Background

The altercation in Utah happened when Petito and Laundrie were out west. She was reported missing in September when Laundrie came back to Florida. Police met with the couple about the domestic abuse incident after she was found dead. The body of Laundrie was found in a nature reserve. He took his own life. Three to four weeks elapsed before her body was discovered. The FBI did not identify any other people besides Brian Laundrie who were involved in the death of the Petito family. He took responsibility for Petito's death in a notebook found near the scene of Laundrie's death. The Laundries were sued in March by the family of Petito.

The FBI says Brian Laundrie claimed responsibility for the death of a woman.

Brian Laundrie's parents are accused of telling the truth about their daughter's death a day after.