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PROVO, Utah – A Utah Supreme Court battle stemming from Gabby Petito’s 2021 murder could “pave the way” for Charlie Kirk’s family to pursue a wrongful death lawsuit over alleged security failures surrounding his assassination at a Turning Point USA event last year, according to an attorney involved in the appeal.
“Right now, Kirk’s claims, if filed, would likely be dismissed, like Gabby Petito’s claims were dismissed on that basis,” said Brian Stewart, an attorney for the family of Gabby Petito who is working on the appeal involving their own wrongful death claim in the Beehive State. “We would need the Utah Supreme Court to overturn Tiede to pave the way for Charlie Kirk’s family to proceed.”
Tiede refers to a 1996 Utah Supreme Court decision upholding the dismissal of a lawsuit over the 1990 murders of Kay Tiede and her mother Beth Potts, two Texas women killed by a pair of men on parole who attacked their family after walking away from a halfway house, Deseret News reported at the time.
This undated portrait of Gabby Petito served as the inspiration for a mural painted of her in her hometown of Blue Point, New York. (Family of Gabby Petito)
The decision upheld the constitutionality of the state’s governmental immunity law as applied to wrongful death claims, which Stewart said are barred against governmental entities when the injury arises from a third-party assault or battery.
Central to the Petito appeal is the argument that Utah’s Constitution prohibits lawmakers from limiting or eliminating the right to recover for wrongful death.
KIRK FAMILY HAS POWERFUL EVIDENCE — BUT UTAH LAW COULD DERAIL WRONGFUL DEATH CASE: EXPERTS
Her family’s lawsuit against the Moab Police Department alleged that officers were negligent in their response to a traffic stop involving Brian Laundrie two weeks before he killed her. A judge dismissed the case on governmental immunity grounds.
Charlie Kirk speaks at Utah Valley University on Sept. 10, 2025 in Orem, Utah. Kirk, founder of Turning Point USA, was speaking at his “American Comeback Tour” when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)
In September, Kirk’s family filed a notice of claim, which is a precursor to a lawsuit. Their attorneys alleged that Utah Valley University, the state of Utah and key officials failed to properly secure the event even after acknowledging responsibility for rooftop security, leading to his wrongful death on Sept. 10, 2025.
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Among the claims in the filing, UVU Police Chief Jeffrey Long allegedly told Turning Point USA organizers “I got you covered” when they raised concerns about rooftop access around the campus courtyard.
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Sgt. Jennifer Faumuina, of the Utah Department of Public Safety, motions toward a map of the Utah Valley University campus during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026 (Spenser Heaps/AP via Pool)
Prosecutors say a sniper perched on a rooftop on the other side of the courtyard shot and killed Kirk.
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But that text message may not be enough to overcome Utah’s expansive governmental immunity protections, Stewart said.
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A view of the location where Charlie Kirk was shot. (Alec Thornock for Fox News Digital)
“It’s another act of negligence that contributed to Charlie’s vulnerability and ultimate death, but it really wouldn’t change the applicability of the statute,” he said. “It’s similar in the Petito case. The parents of Gabby might have brought her home, might have intervened, but they relied on the analysis of the police on the scene who said, it’s no big deal, we’re not even gonna arrest anybody.”
That created the impression that things were taken care of, he said, likening it to Long’s alleged assurance.
The Petito family argues Tiede does not apply to its case and, if it does, should be overturned because the Utah Constitution says, “The right of action to recover damages for injuries resulting in death, shall never be abrogated.”
Floral tributes and a prayer vigil sign are placed next to large concrete planters at Utah Valley University in Orem, Utah, at the exact campus location where Turning Point USA founder Charlie Kirk was fatally shot one year ago. Turning Point USA is hosting its “Freedom Built to Last” memorial service on campus today to mark the first anniversary of his death on Sept. 10, 2026. (Getty Images)
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Lawyers for Kirk’s family have also laid the groundwork for a potential federal claim, Stewart said.
Kirk’s accused assassin, 23-year-old Tyler Robinson, pleaded not guilty through his own attorneys at his arraignment on Sept. 1. He could face the death penalty if convicted of the top charge of aggravated murder.
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He’s due in court Friday afternoon for a scheduling hearing.
