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Gabby Petito court battle could decide whether Charlie Kirk family can prevail in Utah wrongful death lawsuit

23 October 2026 at 11:00

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.

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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.

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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.

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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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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"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.'"

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That created the impression that things were taken care of, he said, likening it to Long's alleged assurance.

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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."

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Lawyers for Kirk's family have also laid the groundwork for a potential federal claim, Stewart said.

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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.

Australia pastor case 'canary in the coal mine' for American Christian freedoms: TPUSA leader

22 October 2026 at 19:42

A Turning Point USA faith leader is calling on President Donald Trump to intervene after Australian lawmakers grilled a Christian church leader about his religious beliefs, including whether he influences members' marriages, hairstyles and even pet ownership.

Lucas Miles, vice president of faith at Turning Point USA, told Fox News Digital he contacted the White House Faith Office and several administration officials over what he described as a politically motivated investigation into the Plymouth Brethren Christian Church.

"We've reached out to the faith office, we've reached out to several members of the administration to make sure that they're aware of this," Miles said. "We're hoping to see some response and action soon."

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The controversy intensified during an Oct. 16 parliamentary hearing examining allegations of coordinated political activity by church members during Australia's 2025 federal election.

Independent MP Monique Ryan questioned the church's global leader, Bruce Hales, about whether members considered him an "elect vessel" or a direct messenger from God. She also asked whether members sought his guidance on marriage, housing, pets, clothing and facial hair.

Liberal MP Ben Small objected to the questioning, calling it "patently ridiculous" and "so far off the terms of reference for this inquiry."

Another lawmaker interjected that hairstyles had no bearing on electoral matters, while the committee chair allowed the questioning to continue.

"When an Australian parliamentary committee tasked with investigating election matters begins interrogating a Christian leader about his theological convictions, serious questions must be asked about the purpose of the inquiry," Miles said in a statement provided to Fox News Digital.

"Bruce Hales was summoned to answer questions about electoral conduct, not to defend the doctrines of the Plymouth Brethren Christian Church before the government," he added.

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Miles argued that the line of questioning may illustrate a broader threat to religious freedom.

"The troubling shift from election oversight to religious scrutiny gives every appearance of a politically motivated witch hunt," he said.

Hales denied directing, funding or coordinating political campaigning during the 2025 election, maintaining that church members acted independently.

"I had no involvement whatsoever in relation to any members who volunteered or took part in any aspect of the 2025 federal election," Hales told the committee.

Lawmakers questioned whether a sermon in which Hales said Australia needed to be "happy again, smiling again" influenced members' political activities, citing subsequent campaign messaging that echoed his words.

His son, Gareth, acknowledged encouraging people already involved in campaigning but denied directing an organized church campaign.

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The committee is also examining allegations of intimidation and coordinated campaigning during the election. Church leaders have denied organizing or condoning improper conduct.

Hales said he did not support harassment or intimidation and maintained that individual members should be accountable for their own actions.

"In a free society, government has every right to investigate violations of election law, but it has no business putting Christian doctrine on trial," Miles said.

The Plymouth Brethren Christian Church, which traces its roots back roughly 200 years, says its roughly 55,000 members worldwide follow a "Doctrine of Separation," distancing themselves from certain secular activities and practices they believe conflict with biblical teachings.

The church rejects descriptions of the denomination as a cult, maintaining that its members freely practice their faith and contribute to their communities through businesses and charitable initiatives.

The hearing also turned to the United States when Sen. Steph Hodgins-May questioned Hales about Turning Point USA's support for the church and whether church leaders had met with the Trump administration.

Hales said he had never met Trump but understood that some church members in New York had briefly met the president.

Miles, who is not a member of the denomination, said he wants Trump to apply diplomatic pressure on Australian Prime Minister Anthony Albanese and urge an end to the inquiry.

"What I would like to see, first of all, is some pressure applied, whether that be through diplomatic channels or through the president himself," Miles told Fox News Digital.

Miles said he remains hopeful the administration will take action and warned that the controversy could establish a troubling precedent for American churches, pointing to past disputes involving religious organizations and government restrictions in the United States.

"If this can happen in Australia, if it can happen places like England and Canada, it certainly can happen America if we don't stay alert," he said.

Miles emphasized that Christians should be free to participate in politics without their churches automatically being held responsible for their individual choices.

"Just because individual private citizens who happen to go to a church have a similar opinion about politics, that does not constitute a grand conspiracy," he said.

He urged Trump to pursue what he called "faith-based diplomacy" to defend religious liberty abroad.

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"Religious liberty means nothing if it only protects those whose beliefs the government approves of," Miles said.

The White House did not immediately respond to Fox News Digital's request for comment.

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