A former prosecutor stated Tuesday that the Grand Teton County coroner’s ruling that Gabby Petito’s murder was attributable to strangulation will likely result in a first-degree murder charge for whoever is arrested within the 22-year-old’s dying. 

“It almost always gets you first-degree murder because premeditation can be formed in an instant,” Mark Eiglarsh, a felony protection legal professional and former Miami-Dade County prosecutor, informed Fox News on Tuesday. 

“You put your hands around the neck, that’s an unwanted touching, that’s simple battery or assault. Then you start to squeeze, your argument could be, ‘Well, I just wanted to scare them.’ But then you contuse to affix pressure… There’s a certain amount of minimal time that someone needs to do that before somebody is dead,” Eiglarsh stated. 

“I think there’s a strong argument that if premeditation didn’t exist prior to the physical contact, it certainly was developed at some point during the strangulation.”


Aside from the style and reason behind dying, the Teton County Coroner might not launch a lot extra details about the autopsy because of Wyoming state regulation. 

Gabby Petito and Brian Laundrie have been concerned in a home incident in Moab, Utah on Aug. 12. 
(Moab City Police Department)

Criminal protection legal professional Stuart Kaplan stated Tuesday that regulation enforcement likely gleaned a lot extra data from the autopsy than they’ve made public and are likely capable of both exclude Brian Laundrie, who has been named an individual of curiosity within the case, or join him to his former fiancee’s dying. 

“Generally when there’s a strangulation, when someone is acting out in a rage of violence, the victim will try to fend off that attacker. Oftentimes, there is DNA transfer — most of the time it will be under the fingernails, where someone is trying to claw someone or scratch someone,” Kaplan informed Fox News. “Those transfers of DNA will either rule in Brian Laundrie or potentially could exclude him.”


The FBI went to Brian Laundrie’s household’s residence in North Port, Florida, on Sept. 26 to check DNA.

“The FBI requested some personal items belonging to Brian Laundrie to assist them with DNA matching and Brian’s parents provided the FBI with what they could,” Laundrie’s lawyer, Steven Bertolino, informed Fox News final month. 

Eiglarsh famous that even when Laundrie’s DNA is discovered on Petito’s stays, it must be in distinctive locations to implicate him since he wasn’t a stranger and a few of his DNA could be anticipated on her physique. 

Brian Laundrie told Moab police officers he did not have a phone, then pulled one out Video

Laundrie has not been charged with against the law in Petito’s dying and is barely an individual of curiosity. He is presently needed for unauthorized use of a debit card that belonged to Gabby between Aug. 30 by Sept. 1. 

Petito’s stays have been discovered on Sept. 19 at a campground in Wyoming about three to 4 weeks after she was killed, which might place her dying across the final week of August. 

The couple set out on a cross-country street journey in June, however their relationship grew to become strained because the weeks handed, with Gabby’s mother telling investigators that her daughter described how there “appeared to be more and more tension between her and Laundrie,” in line with a search warrant.

Gabby and Brian have been concerned in a home incident on Aug. 12 in Moab, Utah. A witness informed police {that a} “gentleman was slapping the girl” and Gabby stated that Brian “grabbed” her face, however she additionally informed officers that she slapped Brian. The two have been separated for the evening and no expenses have been filed. 

First-degree murder is punishable by dying or life imprisonment in Wyoming. Homicide may result in manslaughter, second-degree murder, and different expenses.