Tag Archive | "bourne"

All over but the shoutin’

Victim’s family in Bourne/Walker case files civil suit

Now that the criminal phase of the sex case against Joseph T. Walker has been settled, a civil complaint against Walker and the Estate of Dr. Andrew C. Bourne was filed in Santa Barbara Superior Court on March 14 by the victim’s family.

Walker, 48, pled guilty to five multiple felony counts regarding improper lewd conduct and sex with a minor in Santa Barbara Superior Court on March 9.

The girl, now 16, was 14 when her relationship with Walker began.

According to the criminal complaint, the girl subsequently began a sexual relationship with Dr. Bourne.

Walker is expected to serve five years in state prison beginning June 1.

Bourne committed suicide on Jan. 24, less than three weeks after his arrest.

Santa Barbara-based Attorney R. Chris Kroes spoke with The Sheet about the civil complaint on Tuesday.

Kroes said the family is not permitted to ask for a specific amount in a personal injury complaint, but he did note that his client will “need psychiatric care for who knows how long.”

“It’s an imperfect system,” he continued. “The family would prefer the whole thing never happened.”

Barring the invention of a time machine, however, monetary damages will remain the currency of choice in personal injury cases.

Sheet: Is the family happy with Walker’s five-year prison sentence?

Kroes: They would have preferred thirty years … he’s going to miss one ski season.

*Technically, with good behavior, Walker would serve a minimum of two-and-a-half years, so he would miss two ski seasons, but … you get the point. 

The plaintiff asks for:

-General and special damages

-Consequential and out-of-pocket damages

-Prejudgment interest on damages awarded

-Costs of suit incurred

-Attorneys fees

-Punitive damages

A lot of the focus in the 10-page civil complaint relates to the emotional stress inflicted upon not only the victim, but the victim’s parents.

As bullet point #52 states: Defendants Walker and Bourne, well knowing Jane Doe to be the daughter of the plaintiff parents, did wrongfully and unlawfully, contriving and intending to injure, disgrace, distress and wound the feelings of plaintiff parents, and deprive them of the affection and society of Jane Doe, and to dishonor plaintiffs and their family, and did willfully and maliciously entice and persuade Jane Doe to have illicit sexual intercourse.

 

 


 


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Joe Walker pleads guilty

Joe Walker pleads guilty

Joe Walker

According to an email from Santa Barbara Deputy District Attorney Mary Barron, Joseph Walker pleaded guilty on March 9 to five felony counts. Barron noted that her office filed an amended complaint (click here to read) as well as the plea agreement (click here to read) containing Walker’s “guilty plea to five of those counts, and admissions as to the factual basis for the plea.”

“Walker will be sentenced on June 1 in dept 12 to 5 years in state prison and must register for life as a sex offender,” according to Barron.

Walker’s plea form stated his admission to “a sexual relationship with Jane Doe, DOB 10/19/95, when she was 14 to 15 years of age and I was at least 10 years older than her.”

Barron stated that Walker remains out of jail on own recognizance release. “Because of his early admission of guilt, the plea bargain spared the victim from having to come to court and testify at trial,” she added.

“The additional charges involving Andrew Bourne are reflected, in part, in the conspiracy count for Walker,” she continued, “and would have included at least 6 counts of lewd act upon a child for acts of sexual intercourse with Jane Doe as well as a count of conspiracy to commit a lewd act on a child.”

On Wednesday, Jan. 4, members of the Santa Barbara Police Department with the assistance of the Mammoth Lakes Police Department arrested Walker and Bourne in Mammoth Lakes.

According to the Santa Barbara Police Department, Walker was arrested and booked for 6 counts of 288.3 PC, illegal communication with a minor to facilitate sexual activity and 1 count of 288 (c)(1) PC, unlawful sexual intercourse with a minor. Bourne was arrested and booked for 8 counts of 288.3 PC, illegal communication with a minor to facilitate sexual activity.

Both men were released in January on reduced bails of $750,000 each. Shortly after his release, Bourne committed suicide and his case was closed.

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MUSD will appoint temporary Board member

The Mammoth Unified School District Board of Education met on Feb. 7 to discuss the vacancy on the Board left by the resignation of Dr. Andrew Bourne last month.

Board members unanimously agreed on a provisional appointment for the remainder of the term rather than an election. The term expires in November 2012 when a general election will be held.

Board members agreed that an election now would simply be costly. In comparison, the Board discussed the $45,000 price tag associated with the Special Election for Measure S last fall.

A full Board is, however, needed prior to the general election in November, so the School District Administration will advertise the vacancy in the local media and take applications for the position. On Feb. 23, the Board will interview candidates and appoint a new member to fill the remainder of the term, according to MUSD Superintendent Rich Boccia.

Bourne resigned from the Board on Jan. 13 following his arrest on Jan. 4 for alleged illegal communication with a minor to facilitate sexual activity. Since then Bourne has taken his own life.

 

 

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Page 2: Extremely sad and incredibly miserable

At this same time last week, I was sitting in a Santa Barbara courtroom. Seated directly in front of me were Dr. Andrew Bourne and his wife, Gilann. They were holding hands, occasionally sharing a whispered thought back and forth.

The following is what I wrote on my legal pad:

“Standing by a loved one in the eye of public humiliation. Others perceive it as pathetic. How can you stand by someone who broke your heart in that way? And yet … there is something profound about it. Noble. Simple. Real. It strips away everything that one’s life has been adorned with. It’s just two people, partners, lovers, trying to get through something. Just waiting together. Holding hands. Just like it was in the very beginning. In the moment in a way they might not normally be in everyday life. It makes me want to go home and hug my wife.”

Today, I have someone to go home to and Gilann does not, and that is a very wrenching thought.

I have heard more rumors and secondhand information about the Bourne/Walker case than you can possibly imagine. I have no idea how big the iceberg is, or what part of it still remains hidden beneath the surface. I don’t know whether the case is relatively benign or wildly salacious, whether the case is isolated, or whether it reflects a pattern of behavior for either man.

I do know studies suggest a clear link between high-risk teen behaviors and subsequent depression and even suicide. According to Dr. Jane Anderson, writing for the American College of Pediatricians:

“In the National Longitudinal Study on Adolescent Health, 13,491 adolescents in grades 7 to 11 were interviewed in 1995 and again one year later. The authors differentiated the cause and effects of depression and found that early high-risk behaviors, including sexual activity and drug use, were linked with later depression.

“Clearly, the adolescent years are a time of rapid brain development, a time of susceptibility … High-risk behaviors encountered during these vulnerable years can have lasting adverse consequences and should be avoided.”

I also don’t believe the police just invented the whole thing. Wrong was committed on some level. Wrongs. I ask myself what if it had been my daughter? What is a just punishment? Could I forgive?

They say that in life, there are no coincidences. So perhaps it was no coincidence that I watched Sir Richard Attenborough’s film “Gandhi” on Monday night.

I last saw the film in the theaters when I was 14.

In one of the later scenes, just before Gandhi’s assasination, Hindus and Muslims are engaged in Civil War, slaughtering each other, and Gandhi undertakes a hunger strike to stop the fighting, vowing not to eat until the violence stops.

And a Hindu man, clearly anguished, visits him, and tells him that he is trapped in a personal hell because he has murdered a Muslim in retaliation for the Muslims killing his son.

Gandhi suggests to the man that there is a way out of his hell – and that is to adopt a young Muslim boy and to raise that boy as a Muslim.

As Gandhi said, “The only devils in the world are those running around in our own hearts. And that is where all our battles ought to be fought.”

We traditionally look upon doctors as gods, not as flawed individuals. In some respects, I have great pity upon doctors, because they carry this great weight of expectation. To elaborate on what Hartley says in his column this week, the ethical standard required to be a Republican candidate for President is a helluva lot less stringent than the standard required to practice medicine.

May 17, 2003. I had just finished publication of the fourth-ever issue of The Sheet and drove home to Sunny Slopes and on the way stopped in to have a few drinks at Tom’s Place. And on my way across the highway I was stopped by a CHP officer who had been laying in wait and claimed that I had crossed a double yellow-line making a left turn.

So he put me through the various tests which I passed without a hitch and … he let me go. But if I’d stayed a bit longer and had a few more drinks, maybe The Sheet would’ve ended before it began.

I vowed that night that if I wanted to become anything more than a historical footnote – if I really wanted to remain in the community and have a voice in the community – that I needed to adhere to a higher standard. But it was easy for me to crawl inside the boundaries of my little self-imposed box. It can be cold and dark out there in the wilderness. And I had spent enough time out in the wilderness to know.

It makes me want to go home and hug my daughter.

I think about Andy Bourne and that straight-and-narrow path of a doctor. Maybe he never spent enough time out there in the wilderness of spectacular failure, unrealized dreams and general uncertainty. Maybe he just got claustrophobic, temporarily insane …

I’m just trying to understand.

That’s why I find his apparent suicide so frustrating. I find that it provides an enormous blocker to a conversation that needs to occur, that should occur. How does a community heal, understand, reach closure, look itself in the mirror when that mirror’s been effectively shattered.

I can’t tell you how many conversations I’ve had over the past several weeks where women have told me about adolescent sexual experiences they had with significantly older men. Experiences that they undoubtedly never shared with their parents. For some, it was nothing more than that – an experience woven into a mosaic of experiences. For others, it had longer-lasting impact, longer-ranging repercussions.

I hope this teenage girl is okay, that this does not affect her ultimate life’s arc, her ultimate fulfillment.

My wife recalled the other day one definition she heard about forgiveness (sorry, no attribution), which is to “waive the right to hurt someone because they hurt you.”

Or, as Gandhi said, “For myself, I’ve found we’re all such sinners; we should leave punishment to God. And if we really want to change things, there are better things than derailing trains or slashing someone with a sword.”

 

A fund for the benefit of Gilann Bourne & Family has been set up at the Eastern Sierra Community Bank in Mammoth Lakes. In lieu of sending flowers, contributions may be made to “FBO Gilann Bourne & Family” (Account # 5015553) and dropped off or mailed to:

Eastern Sierra Community Bank
307 Old Mammoth Rd.
PO Box 5069
Mammoth Lakes, CA  93546
ATTN:  Yvonne Martin

760.923.1500
ymartin@escbank.com

A Celebration of Life Ceremony for Bourne has been scheduled for Saturday, Feb. 4, from 2-4 p.m. at Cerro Coso. All who were touched by Bourne’s life, talents and energy are encouraged to attend.

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Updated: Bourne dead

Updated Jan. 28, 8:01 a.m. On the evening on Jan. 27, the Mono County Sheriff’s Department issued the following press release:

Dr. Andrew Bourne, age 46, of Mammoth Lakes, was found deceased by his spouse on the afternoon of Tuesday, Jan. 24An autopsy was conducted on the morning of Friday, Jan. 27 by the Orange County Sheriff’s Department Coroner with results confirming that Dr. Bourne did commit suicide. There is no evidence to suspect foul play in his death. Final cause of death is still pending toxicological results which could take several weeks or longer.

All Mono County Sheriff’s Department press releases can be found at  www.monosheriff.org.

———————————————————————-

On Tuesday, Jan. 24 at approximately 4 p.m. Mono County Sheriff’s Department dispatch received a 911 call regarding a deceased male in the Mammoth Lakes area. The Sheriff’s Department confirmed later that evening through a press release that the deceased was Dr. Andrew Bourne, 46, of Mammoth Lakes.

Bourne’s wife, Gilann, found his body on Hot Creek Hatchery Road outside of the Town of Mammoth, the release stated.

Long Valley Fire Department, California Highway Patrol, Mono County Paramedics and Mono County Sheriff’s Deputies were dispatched to the scene. When units arrived on scene, it was determined that Dr. Bourne was deceased. Cause of death is currently under investigation by the Mono County Sheriff’s Department. There is no evidence to suspect foul play according to the Sheriff’s Department.

Bourne was board certified in Surgery and Vascular Surgery by the American Board of Surgery, according to Mammoth Hospital’s website. He served as Vice Chief of Staff at Mammoth Hospital from 2008-2009 and was the Chief of Staff from 2010-2011. He also served on the Mammoth Unified School District Board from 2008-2012.

Bourne was arrested on Jan. 4 and booked for 8 counts of 288.3 PC, illegal communication with a minor to facilitate sexual activity. Bourne was booked at Mono County Jail and his bail was set at $1 million but was later reduced to $750,000, which Bourne posted. Reduction in bail had included the following conditions: no contact with direct or indirect witnesses; no contact with unrelated minors or the alleged victim; electronic monitoring; GPS installed on cars.

After posting bail, Bourne resigned from the Mammoth Unified School District Board. His contract with Mammoth Hospital was also terminated.

According to Bourne’s attorney, Ron Bamieh, once the death certificate is issued he would present it to the court. That document would effectively terminate the case.

When asked whether or not details regarding allegations against Bourne would still be revealed as part of evidence against Joe Walker, the other Mammoth man who was arrested at the same time as Bourne for alleged actions against the same victim, Bamieh explained the misconceptions that had surrounded the cases of the two men.

“What people don’t seem to be understanding is there was no commonality in facts between the two cases except that it was the same victim,” Bamieh said. “There have been a lot of misrepresentations of facts.” Including, Bamieh said, one officer who took references relating to Walker and attributed them to Bourne.

Bamieh claimed that the 400 pages of discovery he had reviewed before Bourne’s death showed no evidence of a sexual relationship with the now-15 year old victim.

“There could be facts I don’t know about, but what I had gone through made me very confident that we had a good defense,” he said.

In his last conversation with Bourne, he had stressed this point.

“I was optimistic about Andy’s defense and he knew that,” Bamieh said in a press release dated Jan. 25. “I spoke to Andy yesterday morning and expressed that optimism, and I have gone over our conversation in my head many times trying to figure out if there was any indication of what was to occur later that day.”

According to Bamieh, Bourne was struggling with the thought that the public had already made up its mind about him. “That is the reality of these types of charges,” Bamieh said. “No matter what the result, your reputation is ruined.”

According to Bamieh’s press release, “A few hours after their morning conversation, Mr. Bamieh became concerned for Dr. Bourne’s well being and began to make a series of phone calls and inquiries in an attempt to locate Dr. Bourne. From approximately 1:30 p.m. until Dr. Bourne was found at 3:45 p.m., a search was being conducted with Mr. Bamieh’s assistance to locate Dr. Bourne. At 3:30 p.m., the company who monitored the GPS device on Dr. Bourne’s Court ordered ankle bracelet called Mr. Bamieh and provided Dr. Bourne’s location. Mr. Bamieh conveyed that information to family and friends of Dr. Bourne, who rushed to that location where they found him. Family and friends of Dr. Bourne notified authorities.”

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Letters to the editor

Compressed log warning

Dear Editor:

Just about everyone in town is aware of the house fire that occurred in town a couple of weeks ago. If it had not been for the awareness of an 8-year-old girl, it is very possible that her mother may not have made it out of the structure alive. An operable smoke alarm in her bedroom awoke the girl and she woke up her father who then managed to wake his wife.

In piecing together the events of the first couple of minutes of the incident, it is obvious that there were a couple of minutes of confusion until the realization that the single-family residence was on fire. Fortunately all three occupants and their pets were able to vacate the structure with assistance from neighbors and the Mammoth Lakes Fire Department.

The investigation revealed, however, that one of the contributing factors that led to the incident was the burning of too many compressed logs in the insert wood stove. Manufacturers will tell you that you should never burn more than one or two of these types of logs. This is because the logs burn at a much greater temperature than standard wood. Mixing both natural wood and compressed logs is appropriate, so long as no more than one or two compressed logs are used.

In the past few years, the Fire Department has been called to several locations where numerous compressed logs had been inserted into stoves or fireplaces. While this practice will create abundant heat, the problem is that the stoves and fireplaces are not designed for such significant levels of heat. Avoid the temptation to fill the fire box up with numerous compressed logs.

This incident is also a perfect example why smoke alarms are considered one of the best investments that a family can make in relationship to their safety. Install both ionization and photoelectric smoke alarms: install in bedrooms, in hallways leading to bedrooms, and at least one per floor level. Interconnect alarms so when one sounds, they all sound. Test every six months, replace batteries once a year, and replace alarms after 10 years. Nearly two-thirds of home structure fire deaths occur in homes where there was no smoke alarm or where smoke alarms were present but failed to operate.

Also install carbon monoxide alarms in bedrooms or in hallways leading to bedrooms and at least one per floor level. Locate an alarm within 20 feet of any combustible appliances. Test every six months, replace batteries once a year, and replace alarms after five years.

For more information or for any questions pertaining to fire related issues, and compressed log use in particular, feel free to contact the MLFD at 760.934.2300.

Thom Heller
Mammoth Lakes Fire Department

Thanks, Christmas angels …

Dear Editor: 

We are overwhelmed by the gracious support of our Angel Giving Tree that our communities in Lee Vining, June Lake and Mono City showed during this past holiday season. Because of so much generosity, we were able to give presents to more than 55 children this Christmas.

There are so many anonymous givers that we don’t even know, and so thank you to those of you who give without recognition.

We would also like to thank Mono Market: Chris and his gang; the June Lake General Store: Linda and her crew; the June Lake Women’s club; the June Lake Women’s Bible study group and all the Lee Vining Presbyterian Church members.

Anna, Jordyn, Ella and Hannah, you gave up your holiday time, too. All of  you are Angels and we couldn’t have done the Angel Giving Tree without you!

THANK YOU ALL SO VERY MUCH!

Laurie Gehrman
Mono City

Serving at home as well as abroad

Dear Editor:

As a veteran I believe that service to one’s country is paramount – it is one of the most important ideas that we have

in our democracy. But, service to one’s country does not always mean wearing a uniform and serving overseas. It is also about serving at home.

Over the course of the past year, Washington politicians have threatened places like the Bodie Hills with legislation that could have had lasting consequences. Currently, the Bodie Hills are wild and free, with small wet meadows, free flowing streams and wildlife. This is how we want to keep it, in the natural state it’s in today. But mining interests, who’d be granted easier access if the legislation passes, threaten to change the Bodie Hills forever.

There is a lot of history behind these hills. Since William S. Bodey came to these lands in 1859, the area has largely been defined by mining. Bodey came here in search of gold; he found it and founded the mining camp that is now California’s official ghost town (and a big tourist attraction). Despite years of boom and bust activity, the majority of land around Bodie remains untouched from previous mining excavations. Keeping the historical and cultural values of Bodie and the surrounding landscape intact is vital.

As I previously mentioned, multiple pieces of legislation have been introduced in congress this past year that could threaten lands such as Bodie. One of those bills is H.R. 1581, the Wilderness and Roadless Area Release Act of 2011. This bill would release our public lands from the protections congress has afforded them and open them up to operations such as mining and drilling. This legislation is callous and radical. As citizens we must be good stewards of this land and speak out against legislation such as this.

Stewardship. What does this mean? In life, we are stewards to many things. My time in the Army taught me many of these lessons. I was a steward to the soldiers that I served with as well as our great nation. Today, being a good steward means using my voice to speak out on the threats that could be posed to special places such as the Bodie Hills. My voice counts in its protection and so does yours.

In thinking of my own military service, I am also reminded of the thousands of troops stationed at bases close by such as 29 Palms, Edwards Air Force Base, Ft. Irwin and Nellis Air Force Base. Many of the men and women stationed at these installations are returning from grueling tours of duty in Iraq and Afghanistan. It is lands such as these here in Mono County that can serve as a place of healing. These lands can serve as a means of reintegration into our society for many of these brave souls who sometimes carry wounds that are not visible to the human eye. These lands offer a spiritual connection to life.

Finally, wild places such as the Bodie Hills are bigger than just those that live in the area. This region continuously attracts thousands of visitors from all over California and the U.S. each year. They come to experience this historic landmark. They come to breathe the air of the Eastern Sierra and witness nature in its original state. This also means revenue for local governments and small businesses in the area. Conservation of this precious land is also good for this region economically.

We need to remember why it is important to protect this land. Not only are we protecting the environment we live in, we are also sustaining our economy. I want to see this land preserved for future generations and our veterans. This is why I feel my service is still important today.

L. Mark Starr
Los Angeles

Mark Starr is a Los Angeles resident and Iraq war veteran. As program director for Vet Voice Foundation, Mark is working to raise awareness of public lands conservation issues, including seeking long-term protection for the Bodie Hills. He is bringing a group of veterans to the Eastern Sierra in March for recreation and renewal on Mono County’s public lands. For more information, visit vetvoicefoundation.org.

Speaking out for the victim

Dear Editor:

As a widow and a survivor of multiple childhood sexual abuse, I have a lot to say about the Mammoth Lakes community response to Dr. Andrew Bourne’s death. First, shock and denial are hallmarks of the earliest stages of grief, and so I cannot hold it against anyone who clings to fond or reverent memories of the late doctor. It would be normal to refuse to acknowledge that his alleged sexual crimes against a minor child could somehow be minimized by the good he has done for others.

However, as an American citizen and a former child mental health worker, I know that when a man is initially held on one million dollars bail for alleged sex crimes against a minor, there is sufficient legal evidence against him to prove wrongdoing.

Investigations involving minors are sometimes not completed (by interviewing the minor, which prompts further investigation) until the perpetrator is already jailed based on sufficient evidence of wrongdoing. In this case, emails and other electronic communications as well as police surveillance were enough evidence to arrest Dr. Bourne. While Dr. Bourne was still alive, SB County prosecutor Mary Barron had been quoted by several sources as saying that additional charges would be filed against him in this case; those charges were still forthcoming at the time of his death.

That said, this man committed suicide while out on bail for solicitation of child sex. He knew the scope of what his interactions with the victim had been before he was charged, and that further charges were pending. He evaded taking full responsibility and accountability for his actions AND he denied the victim- a minor child- her due representation

in court. In other words, he knew the extent of how he would be accused, and what his chances were in court.

We keep hearing from his lawyer, that the emails were benign and the case was defensible. This is not usually the case in high profile sex scandal charges involving minors. If a prospective court case reaches the point of prosecution that was reached in this case, there is enough evidence to prosecute the accused. Most child sex crimes are not reported, let alone found to have sufficient evidence to prosecute, often due to the age of the victim.

So, let’s think about the victim. For her own privacy, and by law, she remains nameless. She was not listed in the media by name, so nobody who knows her can support her or share her pain, until she is ready to share her story. For survivors of childhood sex crimes, that can take a while. Her situation is not yet real to the public, as Dr. Bourne’s suicide allowed him to escape charges, and Mr. Walker has not yet been tried. Many of us have stories of family members saved by caring surgeons, but how many of us have a daughter, a sister, a grandchild, niece, cousin, a student, a teammate, a classmate or a friend, whose sexual experiences over a two year period, starting at age 14, led to the arrest of two men on one million dollars bail each? How unfair that Dr. Bourne has escaped the legal system, and that his victim will never see justice served on her behalf. Additionally, she must now deal with the complexity of his suicide, and its effect on her emotionally as well as on others.

How insulting to this girl and to her family, that this man chose a path that led to his arrest, and then chose to end his own life rather than face the consequences, and now a fund is being set up in his name for his family! Her losses at his hands will never be amended by justice. She will never be compensated in any way for emotional damages or for crimes committed against her. Think of how devastating these experiences would be at her age, or any age. This man did the wrong thing many times over, to everyone involved, and now the community is being called upon to help his family without reaching out to acknowledge her!

For those wishing to donate in support of Dr. Bourne’s family, please consider asking that a Victim’s Fund be set up at the same bank- and make an equal donation. At the very least, donate to a Rape Crisis Center such as Wild Iris in Mammoth Lakes.

Kate Muir
Solvang, Calif.

 

 

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On leaping from burning windows

On leaping from burning windows

David Page writes about his friend, the late Andrew Bourne (Photo: Page)

A preliminary grappling with aspects of the demise of Andy Bourne 

By David Page

Late in the morning of January 24, 2012, a month and a day before his 47th birthday, Dr. Andrew Bourne—Andy, as he was generally known among friends and family and throughout the community he’d served without fail since 2006—shifted his old forest service Suburban into four wheel drive and boated up the unplowed section of Hot Creek Road to the closure. The sky was brilliant blue. Across the caldera, as far as he could see in every direction, the landscape was dressed in bright, new-fallen snow. He parked beside the gate, reached for his backpack of medical supplies, and stepped out into boot-deep snow. He left the keys in the vehicle.

Under other circumstances Andy would’ve been cutting a steep skin track up the Crest on his AT skis, with his dog, Oreo, and maybe a friend or two scrambling along behind him, or else queued up at Chair 9, as in fact many of us were at that very moment, caught up in the gleeful frenzy of the season’s first bluebird powder day, biding time for the rope-drop and a second shot at the Dragon’s Tail. As it was, such options were not available to him. He had a GPS tracking device strapped to his ankle that precluded fitting his leg into an alpine ski boot. And in any case was not the least bit prepared to venture out in public, nor even to run the risk that he might, even in the woods up in the Lakes Basin, run into someone—anyone—who might recognize him. The shame was too great. Not over what he’d actually done (or not done, as it happens), not even what he’d officially been charged with (see below), but what he’d been accused of. In the interrogation room. In the press. In the online hate-comment threads. And in the preliminary statement made by Santa Barbara Deputy District Attorney Mary Barron, who, based on a variety of misconstructions and with only faint allusion to actual hard evidence, threatened that weightier charges were forthcoming and as such argued for setting bail at well over ten times the relevant scheduled amount. While he—the defendant—sat shackled in prison orange. Unable to speak for himself.

And there was also, more fundamentally, the simple, incontrovertible, deeply embarrassing fact of a life lost-control-of. Which state of affairs, in any man, no matter what his responsibility in it (or lack thereof), no matter how much love and support he may have from those around him, will generate an overwhelming urge to cast his eyes downward, if not just to crawl off into the woods and die—most especially in a man like Andy, whose sense of self had for a lifetime been predicated on an ability to fix problems of even the messiest, most life-threatening variety.

In fact, earlier that morning, despite his impulse to keep to the house, he’d been persuaded by his friend and colleague Mike Karch to risk a quick pre-dawn skate ski above Tamarack. It had proved a welcome, if fleeting, respite from the general feeling of walls inexorably closing in upon him—a feeling amply salted by the daily parade of glances upward from the school parking lot toward his kitchen window bearing what from his deepening isolation he could only see as pity or hatred (though we who were down there know it was much more complicated than that). The air was clear and crisp. He had again that feeling of flying over the surface of the snow. Once again he reassured his friend Mike that there was no need for concern; that he would make it through. And then suddenly, out of the gloom, there emerged another colleague from the hospital who, with only the best intentions, put one arm around Andy, still attached to a ski pole, and said something along the lines of “I want you to know no one really believes the things they’re saying about you.”

“Make no mistake about people who leap from burning windows,” wrote virtuoso novelist David Foster Wallace of those who find themselves compelled to take their own lives. “Their terror of falling from a great height is still just as great as it would be for you or me standing speculatively at the same window just checking out the view; i.e. the fear of falling remains a constant.” In other words, it’s not that they want to fall. It’s that the fear of being burned alive is suddenly a greater fear—if only slightly greater—than that of hitting the pavement below. “And yet nobody down on the sidewalk, looking up and yelling ‘Don’t!’ and ‘Hang on!’ can understand

the jump. Not really. You’d have to have personally been trapped and felt flames to really understand a terror way beyond falling.” Eventually, more than a decade later and also at the age of 46, Wallace himself would leap from the metaphorical burning window, hanging himself from a patio roof rafter behind his house in Southern California.

You will likely remember what you first heard or read about the arrests of Andy Bourne and Joe Walker. It came the night of January 4—or perhaps, if you were lucky enough to have been granted one last night’s decent rest, the following morning. The news, such as it was, was apparently based on inside dope leaked to Santa Barbara’s Channel 3 by the local police department. It ran under the provocative title, Two Part Time SB Men Accused Of Raping 14-year-old Girl. It began like this: “KEY news has learned two men who split their time between Santa Barbara and Mammoth are under arrest for allegedly raping a 14-year-old Santa Barbara area girl repeatedly for more than a year.” From there it spread to various local and regional news outlets. And thence from ear to ear until everyone knew what there was to be known—the “allegedly” part notwithstanding—and could thus begin to judge or question accordingly. The title of the original KEYT bit would thereafter be “updated” to Two Men Accused of Sex Crimes in Connection With 14-year-old Girl. The lead, with no official retraction, would quietly become: “Santa Barbara Police have arrested two Mammoth area men for allegedly soliciting a 14-year-old girl who lives in the Santa Barbara area.” The only evidence of the original libel remains embedded in the URL: http://www.keyt.com/news/local/Two-Part-Time-SB-Men-Accused-Of-Raping-14-year-old-Girl-136699218.html.

In fact, though you can be assured he put a good deal of time and intellectual effort into explaining the concept of rape to his two boys, ages 14 and 11, Andy was never charged with such a thing. Nor was he so accused by the girl in question, the one the court calls Jane Doe. What he was charged with was eight counts of violating California penal code 288.3(a), which section was with some unresolved controversy over its constitutionality added to the code in 2006 by voter initiative, making it thereafter a felony offense to by any means “contact or communicate with a minor, or attempt to contact or communicate with a minor” with intent to commit any number of lewd acts. On this vague charge, and long before any actual communications had been presented, or intent demonstrated (if indeed it ever could have been, or if there ever was any—and now, it seems, there may not have been), a man was jailed, cuffed like an animal, stripped of his livelihood, threatened with financial ruin, reviled and humiliated. In short order the fear of falling began to seem the lesser of all terrors.

Everything he had experienced in his life—all the lives saved, the peaks climbed and skied down, the places visited, the smell of sage, the wisdom gained and sound advice given, the depth of knowledge, the talent and grace, the conversation, the good food and cold beer, the beautiful boys, the unstinting love of a good wife—all of this was ultimately eclipsed in his mind by the flames lapping at the windowsill. Perhaps he took one last look back toward the town of Mammoth, where he’d left his dog at home, his wife at work, and his two boys at school. Perhaps he could see the flames running across the valley, leaping the creek, climbing the rise toward the old Suburban. Or perhaps he could not bring his eyes up to the west. But the flames were there, licking at his boots, roaring over the silence of the morning, over the cackle of magpies and the trickling of meltwater on the rocks.

He crossed the road along the gate and made a track through the snow to the south. On the far side of a volcanic outcropping he set down his pack. He hung a dual IV drip from the branch of an ancient juniper and inserted a line into his own arm. He sat back against a boulder, looked out at the snow-caked scarp of his beloved Eastern Sierra—Morrison, McGee, Red Mountain, the Wheeler Crest. To his left, through a cleft in the rock, he could see the north and south summits of Glass Mountain, beyond which lay the cabin he had built once upon a time with his brother Jonathan. But the mountains could not save him. With characteristic precision he administered a perfect dosage of Ambien, succinylcholine, and potassium chloride, and within minutes he was gone.

No flames. No pavement.

There is nothing to say, we say to each other. And yet there is so much that needs to be said. The tragedies proliferate. It will take time before it truly sinks in that he is not coming back, that we cannot send him a message to tell him how sorry we are, that in time we all—or most of us anyway—could have come to understand the complexity of things. That in fact we had already started to understand. If only he could have hung on.

In the meantime we must turn back to ourselves, to our children, and to the survivors—to Gilann and Rand and Finley, to Joe Walker and Lorenza, to Sean and Carrie, to the extended families, to Jane Doe. It’s up to us now that it not go with them, or with any of us, as it did with Andy. It’s up to us now to turn this story the other way round, to put the weight in the proper places.


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Updated: Dr. Andrew Bourne found dead

Updated: Dr. Andrew Bourne found dead

Updated Jan. 25, 1:55 p.m. The Mono County Sheriff’s Department released further details today regarding the death of Dr. Andrew Bourne. Bourne’s body was found on the Hot Creek Hatchery Road outside of the Town of Mammoth Lakes.

Dr. Bourne was found deceased by his spouse. There is no evidence to suspect foul play in the death; however, the final cause of death is still under investigation, according to the press release from the Sheriff’s Department.

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On Tuesday, Jan. 24 at approximately 4 p.m. Mono County Sheriff’s Department dispatch received a call regarding a deceased male in the Mammoth Lakes area. The Mono County Sheriff’s Department confirmed this evening that the deceased was Dr. Andrew Bourne, 46, of Mammoth.

Dr. Bourne was found unresponsive in the Mammoth Lakes area, according to a press release from the Sheriff’s Department. Long Valley Fire Department, California Highway Patrol, Mono County Paramedics and Mono County Sheriff’s Deputies were dispatched to the scene. When units arrived on scene, it was determined that Dr. Bourne was deceased. Cause of death is currently under investigation by the Mono County Sheriff’s Department. Foul play is not suspected in the cause of death. -MCSD/LAK

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Prelim delayed

Preliminary hearing for Walker, Bourne reset for Feb. 10 

By Lunch/Kirkner

Mammoth residents Dr. Andrew C. Bourne, 46, and Joseph T. Walker, 48, were briefly back in Santa Barbara Superior Court on Thursday, Jan. 19.

The two men were arrested on Jan. 4 on several charges related to having an inappropriate sexual relationship with a Santa Barbara girl, now 15.

The relationship may date as far back as two years.

Inside the courtroom defense attorneys Samuel K. Eaton (representing Walker) and Ron Bamieh (representing Bourne) said they had received more than 125 pages in discovery documents thus far from Deputy District Attorney Mary Barron.

Judge George C. Eskin did make one ruling Thursday before continuing the hearing to Feb. 10 — that Walker and Bourne are to have no direct or indirect communication with each other until the next hearing without attorneys present.

He said he would “err on the side of caution” after D.A. Barron made vague references to a suggested “conspiracy.”

Barron said she was happy to call Santa Barbara Police Detective Jaycee Hunter as a

witness to support her position if necessary.

Eskin said he didn’t have time for testimony and would grant the temporary order.

Family members for both defendants were in attendance.

Mammoth Hospital CEO Gary Boyd confirmed on Wednesday, Jan. 18, that Dr. Andrew Bourne’s contract with the hospital had been terminated.

“He can’t fulfill his contract terms because he can’t physically be here,” Boyd explained. “He needs to focus on his legal issues at this time.”

Boyd met with Bourne on Sunday, Jan. 15, to deliver the termination. “Both of us agreed that this was the right thing to do,” Boyd said.

“I wanted to talk with him personally and make sure he heard it from me. I didn’t want him to read about it in the paper,” he added as explanation of why he had not made the announcement to the public any earlier.

To cover the extra work left by Bourne’s absence, the hospital is using a combination of traveling surgeons and part-time surgeons already on staff at Mammoth Hospital.

“Two physicians that are on staff are providing some coverage,” Boyd explained. “Both are second homeowners.”

These two physicians are Dr. Bryan Fandrich from Sacramento and Dr. Marc Sedwitz from San Diego.

Boyd explained the contracting in the following way: “Dr. Bourne was contracted to provide general surgery services 365 days a year, 24 hours a day, seven days a week. While he was here he subcontracted with these two individuals [Fandrich and Sedwitz] to assist him since one person cannot work every day of the year, 24 hours a day. We [the hospital] are now contracting with these two directly.”

The traveling surgeons, also known as locum tenens are available at the hospital on a somewhat revolving basis.

“There is one here now until about this time next week,” Boyd said on Tuesday.

Boyd confirmed that the traveling surgeons do cost slightly more than the other doctors at the hospital.

“The locum tenens cost a little more because we have to pay per diem, whereas the other doctors receive a general rate,” Boyd said.

Bourne, also a member of the Mammoth Unified School District’s Board of Education, resigned from his post there on Friday, Jan. 13.

MUSD Superintendent Rich Boccia commented to The Sheet, “It was a wise decision.”

According to the Board’s Bylaws, “When a vacancy occurs four or more months before the end of a Board member’s term, the Board shall, within 60 days of the date of the vacancy or the filing of the member’s deferred resignation, either order an election or make a provisional appointment.”

The only reason for a mandated special election would be if the vacancy occurred from six months to 130 days before a regularly scheduled Board election at which the position is not scheduled to be filled.

Bourne’s term was set to expire this year. School Board elections will be held in November.

On Wednesday, Jan. 4, members of the Santa Barbara Police Department with the assistance of the Mammoth Lakes Police Department arrested Bourne, and Walker in Mammoth Lakes.

According to the Santa Barbara Police Department, Walker was arrested and booked for 6 counts of 288.3 PC, illegal communication with a minor to facilitate sexual activity and 1 count of 288 (c)(1) PC, unlawful sexual intercourse with a minor. Bourne was arrested and booked for 8 counts of 288.3 PC, illegal communication with a minor to facilitate sexual activity.

Both men were released last week on reduced bails of $750,000 each.

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Bourne terminated from Mammoth Hospital

Mammoth Hospital CEO Gary Boyd confirmed on Wednesday, Jan. 18 that Dr. Andrew Bourne’s contract with the hospital had been terminated.

“He can’t fulfill his contract terms because he can’t physically be here,” Boyd explained. “He needs to focus on his legal issues at this time.”

Boyd met with Bourne on Sunday, Jan. 15 to deliver the termination. “Both of us agreed that this was the right thing to do,” Boyd said.

“I wanted to talk with him personally and make sure he heard it from me. I didn’t want him to read about it in the paper,” he added as explanation of why he had not made the announcement to the public any earlier.

To cover the extra work left by Bourne’s absence, the hospital is using a combination of traveling surgeons and part-time surgeons already on staff at Mammoth Hospital.

“Two physicians that are on staff are providing some coverage,” Boyd explained. “Both are second homeowners.”

These two physicians are Dr. Bryan Fandrich from Sacramento and Dr. Marc Sedwitz from San Diego.

Boyd explained the contracting in the following way: “Dr. Bourne was contracted to provide general surgery services 365 days a year, 24 hours a day, seven days a week. While he was here he subcontracted with these two individuals [Fandrich and Sedwitz] to assist him since one person cannot work every day of the year, 24 hours a day. We [the hospital] are now contracting with these two directly.”

The traveling surgeons, also known as locum tenens are available at the hospital on a somewhat revolving basis.

“There is one here now until about this time next week,” Boyd said.

Boyd confirmed that the traveling surgeons do cost slightly more than the other doctors at the hospital.

“The locum tenens cost a little more because we have to pay per diem whereas the other doctors receive a general rate,” Boyd said.

A preliminary hearing is set for Bourne and Joe Walker for Thursday, Jan. 19 at the Santa Barbara Superior Court. Santa Barbara Deputy D.A. Mary Barron stated at last week’s hearing that she planned to file additional charges against the two men.

On Wednesday, Jan. 4 members of the Santa Barbara Police Department with the assistance of the Mammoth Lakes Police Department arrested Mammoth residents, Dr. Andrew C. Bourne, 46, and Joseph T. Walker, 48 in Mammoth Lakes.

According to the Santa Barbara Police Department, Walker was arrested and booked for 6 counts of 288.3 PC, illegal communication with a minor to facilitate sexual activity and 1 count of 288 (c)(1) PC, unlawful sexual intercourse with a minor. Bourne was arrested and booked for 8 counts of 288.3 PC, illegal communication with a minor to facilitate sexual activity.

Both men were released last week on reduced bails of $750,000 each.

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