The officers had discretion to determine who is the “predominant physical aggressor”, but not unlimited discretion. The law states,
If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to identify the predominant physical aggressor. If the officer determines that one person was the predominant physical aggressor, the officer need not arrest the other person alleged to have committed domestic violence. In determining who the predominant aggressor was, the officer shall consider:
- Any prior complaints of domestic violence;
- The relative severity of injuries inflicted on each person;
- The likelihood of future injury to each of the parties; and
- Whether one of the parties acted in self-defense.
In this case,
- no prior complaints
- very minor injuries, in the opinions of the officers and civilians
- no information provided at the time that would indicate likeliness of future injury
- Statements taken from both persons involved and from a witness indicated that Mr. Laundrie acted in self defense
Now the problems that can be addressed in future cases. There was a second witness who called 9-1-1 and reported seeing a man hit a woman. That witness’s statement was never taken. And apparently in Ms. Petito’s statement she said Mr. Laundrie had tried to grab her face and ended up scratching her cheek, but the officers didn’t follow up by asking Mr. Laundrie or either witness about that.
ETA: Also, from prev cite,
I asked Officer Pratt again about the statement in his report about nobody reporting Brian had hit Gabby despite the statement from Gabby that Brian had grabbed her face and caused a scratch. I asked Officer Pratt if he didn’t consider someone grabbing a face a “strike” or a “hit.” Officer Pratt said he didn’t consider a grab to be either of those. Officer Pratt gave examples of “a hit being a hit, a slap being a slap,” etc. Officer Pratt explained that he believed it was important when we interview people to figure out what kind of contact was made and explain that contact. Officer Pratt said “maybe we could have done better at this.” Officer Pratt said that although he doesn’t consider a grab of the face a “strike,” he stated it could be an assault. Officer Pratt said it’s important to describe the contact and the circumstances surrounding the contact.
~Max