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646-ph NoneSALT LAKE CITY (AP) — A Utah judge on Wednesday dismissed a wrongful death lawsuit that Gabby Petito's parents filed against the city of Moab alleging police did not do enough during a traffic stop to protect their daughter from the man who killed her weeks later. Plaintiffs' attorney Judson Burton argued that a state law barring lawsuits against government agencies is unconstitutional and said they plan to appeal. Seventh District Court Judge Don Torgerson said he could not consider the law's constitutionality but the Court of Appeals can, KSL-TV reported. Petito's family said the dismissal was expected. "We never anticipated that this would be an easy process and look forward to the Utah Supreme Court upholding the Utah Constitution's original intent to preserve the right to recover for wrongful death claims under these circumstances," her family said in a statement. Petito, 22, was traveling the country in a converted camper van with her fiance, 23-year-old Brian Laundrie, and posting about it on social media when they were stopped by police in Moab on Aug. 12, 2021. Someone had called to report a man was slapping a woman. Police determined that Petito was the aggressor, and officers had them spend the night apart. Her parents last heard from her in late August and reported her missing on Sept. 11, 2021, after Laundrie returned to Florida alone. The search for Petito drew worldwide attention, spurring amateur sleuths to scour social media for clues. It also brought scrutiny from authorities and the media, both of which have been criticized for focusing more attention on missing white women than women of color. Laundrie was named a person of interest in the case and disappeared two days before Petito's body was found on Sept. 19, 2021, just outside Grand Teton National Park in Wyoming. Authorities determined that she had been strangled. Laundrie's remains were found a month later in a wildlife reserve near his parents' house in Florida. He died of a self-inflicted gunshot wound after writing in a notebook that he killed Petito. An independent investigation found that Moab police made " several unintentional mistakes " when they encountered the couple. In their report investigators said Petito very likely "was a long-term victim of domestic violence, whether that be physically, mentally, and/or emotionally." Her parents, Joseph Petito and Nichole Schmidt, sued Moab Police in November 2022, seeking $50 million in damages. Burton, their lawyer, said Wednesday that Gabby Petito called them during the interaction with police and they wanted her to come home, but she assured them police would take care of things. The attorney said the parents relied on the police to handle the situation but a "grossly negligent" investigation increased the chances of their daughter being harmed. Burton said officers placed Gabby Petitio in a police car and sympathized with Laundrie, laughing with him, which could have emboldened him. He said one of the responding officers explained the risk of domestic violence, showing he understood the situation but did not respond properly. Mitchell Stephens, the attorney representing the Moab Police Department, argued for dismissal on the grounds of governmental immunity, while adding that allegations about Moab's involvement in her death are completely speculative. He said the couple left Moab together and continued traveling. He cited multiple instances where courts have not found police at fault when domestic violence escalated to murder. "Moab is not liable for criminal conduct that occurred a month later in a different state. Brian Laundrie is the cause of Gabby Petito's death," Stephens said.

ST. THOMAS, Virgin Islands (AP) — Javohn Garcia scored 16 points as McNeese beat Illinois State 76-68 on Friday. Garcia also contributed seven rebounds for the Cowboys (3-2). Brandon Murray shot 4 of 10 from the field and 5 for 7 from the line to add 13 points. Sincere Parker shot 4 for 8 (2 for 5 from 3-point range) and 3 of 4 from the free-throw line to finish with 13 points. Javascript is required for you to be able to read premium content. Please enable it in your browser settings. Get the latest sports news delivered right to your inbox six days a week.Kobo’s color e-reader is a far better deal than Amazon’s new Kindle Colorsoft

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Cobb, the city’s vice mayor, leads Bowers, a former mayor, by a margin of 59 votes, or 0.15%. Bowers requested a recount of the more than 40,000 ballots cast. The recount will occur in Roanoke Circuit Courtrooms three and four starting at 8 a.m. Dec. 19, according to an online hearing presided over Thursday by Judge David Carson. “At this late hour, we want to get this done before the end of the year,” Carson said. “Trying to juggle three judges’ calendars is a little tricky, but we want to be as accommodating with you all as we can.” Carson said this recount is a first for him. Joining Carson in officiating the recount are Judge Scott Flax from Virginia Beach and Judge Chris Papile of Newport News. Bowers and Cobb participated in the recount hearing Thursday. Cobb is represented by Lichtenstein Law Group, and Bowers by Mel Williams of Williams & Strickler. The recount will require eight scanning machines and 20 election personnel to conduct it, said City Attorney Tim Spencer. Machines will be tested for logic and accuracy on Dec. 18. Also present at the recount will be observers on behalf of Bowers and Cobb, as well as one Republican and one Democrat from the city’s electoral board.