A former prosecutor said on Tuesday that the Grand Teton County Coroner's ruling that Gabby Petito was homicide was caused by strangulation will likely result in a first degree murder charge for anyone arrested in the death of the 22-year-old.
"This almost always results in first degree murder because premeditation can be formed in an instant, " Mark Eiglarsh, defense lawyer and former Miami-Dade county attorney, Fox News told Fox on Tuesday.
"You put your hands around your neck, it 's unwanted contact, it ' s simple battery or assault.e, you start to squeeze, your argument might be, “Well, I just wanted to scare them. 'But then you bruise from exerting pressure ... There is a certain minimum amount of time someone needs to do it before someone dies, "Eiglarsh said.
"I think there is a strong argument that if premeditation did not exist prior to physical contact, it certainly developed at some point during the choke.
BRIAN LAUNDRIE'S LAWYER CALLS GABBY PETITO'S DEATH A 'TRAGEDY ' AFTER CORONER SAYS SHE WAS STRANGER
Besides the manner and cause of death, the Teton County Coroner was unable to W State Lawyoming .
Gabby Petito and Brian Laundrie were involved in a domestic incident in Moab, Utah on August 12. (Moab City Police Department)
Criminal defense attorney Stuart Kaplan said Tuesday that the forces of the order have probably gleaned a lot more information from the autopsy than they mad the public and are likely to exclude Brian Laundrie, who has been appointed as ado not have anyone of interest in the matter, or connect it to the death of his former fiancee.
"Usually when there is a strangulation, when someone acts in a rage of violence, the victim tries to repel that abuser. Often there is a transfer of DNA - most of the time it will be under the fingernails, where someone is trying to scratch someone or scratch someone, "Kaplan told Fox News. "These DNA transfers will rule over Brian Laundrie or could potentially exclude him.
AUTOPSY OF GABBY PETITO: THE CAUSE OF DEATH WAS STRANGULATION, SAYS THE CORONER OF TETON COUNTY, DR BLUE
The FBI visited Brian Laundrie 's family home in North Port, Fla. On September 26 to compare the 'DNA.
"The FBI has requested personal items belonging to Brian Laundrie to assist them in faire match DNA and Brian's parents provided the FBI with what they could, "Laundrie attorney Steven Bertolino told Fox News last month.
Eiglarsh noted that even though Laundrie 's DNA is found on Petito ' s remains, he would have to be in unique places to involve him as he was not an alien and part of his DNA to be waited on his body.
Laundrie has not been charged with a felony in Petito's death and is only a person from He is currently wanted for unauthorized use of a debit card that belonged to Gabby between August 30 and September 1.
Petito's remains have been foundves September 19 at a campsite in Wyoming about three to four weeks after his death, which would place his death around the last week of August.
The couple embarked on a trip across the country in June, but their relationship grew strained as the weeks passed, with Gabby's mother telling investigators her dau ghter described how there "seemed to be more and more tension between her and Laundrie ", according to one. search warrant .
Gabby and Brian were involved in a domestic incident on August 12 in Moab, Utah. A witness told police that a "gentleman was slapping the girl" and Gabby said Brian "grabbed" her face, but she also told police that she slapped Brian. Thetwo were separated overnight and no charges were filed.
First degree murder is punishable by death or life imprisonment in Wyoming. Homicide can also result in manslaughter, second degree murder, and other charges.