Attorney Chris Kroes of Santa Barbara has filed a lawsuit against Joe Walker and the estate of Dr. Andrew Bourne on behalf of the juvenile victim in the sex crime cases against the two men and on behalf of her parents. Attorney Croes said the court ordered that the names of the victim and her parents must remain sealed to protect the privacy rights of the child.
In January, Walker and Bourne were arrested by Santa Barbara Police. The court filed charges of illegal contacts for purposes of sex with a 14-year-old Santa Barbara girl. Bourne took his own life a few weeks later and last week Walker pled guilty to five charges. An amended criminal complaint alleged that both men had sexual relations with the girl over a period of two years.
The civil complaint alleges sexual battery, infliction of emotional distress, fraud and deceit, statutory violations, conspiracy, seduction of a minor and violation of mandatory reporting obligations by Dr.Bourne.
The civil suit says specifically that the plaintiffs – the girl and her parents – are informed and believe that unlawful actions, including lewd acts and illegal sexual intercourse with a minor occurred in Santa Barbara County. The suit alleges that Bourne and Walker acted in concert and in a conspiracy to commit illegal acts and that others may have been a part of it.
The suit will include other defendants, the attorney alleges, as proof surfaces. The suit claims that others associated with Bourne and Walker may also be named as defendants in this suit. The complaint says, “partners, agents, servants, employers, co-conspirators and/ or employees of each of the other defendants” were acting as co-conspirators. The suit says the complaint will be amended to include these additional defendants when proof is obtained.
The suit states that “Bourne and Walker held themselves out to be pillars in the community, when in fact, they were both sexual predators.” The suit alleges that for two years, starting in 2009, Bourne and Walker engaged in a common plan between them to “befriend” the parents of the minor victim for the purposes of deceit and in order to gain trust and sexual access to their daughter. The suit alleges that Bourne and Walker did gain the trust of the family and then committed multiple lewd sexual acts including sexual relations upon the 14 year-old girl.
The suit further alleges that the two men both knew of and encouraged the other to have sex with the girl over two years. The suit claims that both men told the girl that they loved her and both made false promises to her regarding her future with them to persuade her to continue having sex with them. The suit says the two men told the girl that they would travel to Europe together and always be together.
The suit says that Andrew Bourne “knowing that he was guilty of the felony crimes he was charged with and additional felony crimes of which he knew that he was about to be charged with, committed suicide.” Walker, says the suit, pled guilty to multiple felonies in the case.
The complaint alleges that the female victim has suffered “severe emotional distress, with lifelong consequences.” Finally, the suit alleges that as a physician, Dr. Bourne had a duty to abide by the Child Abuse and Neglect Reporting Act, and as a mandated reporter failed to report Joe Walker to authorities.
For all of the allegations, the plaintiffs ask for general and special damages, punitive damages and out of pocket expenses including attorneys fees – all of an unspecified amount.
Having lived in various communities with varying and diverse points of view and culture including Michigan, Utah, Hawaii and California, and witnessing the style of each of these areas, my observation is that this community is riddled with much fear, angst, and sometimes just sour grapes (as one poster put… Read more »
Dennis and Ken- you can call me Ringo Star if it makes you feel better 🙂
It is evident that there are those in our midst that are not all what they appear to be. We are seeing elected officials screaming for smaller wages and eliminating auto allowances for local officials but unwilling to return the same “out-of-touch” wages and auto allowance monies they have accrued… Read more »
I disagree with your comments about monikers and how you judge people by their monikers. If you want to judge someone .. judge them by the content of their posts and replies. I think your judgement in your post only plays into what your are trying to prove. There are… Read more »
I think formats such as these can be worthwhile as they afford an opportunity to air and perhaps even to to learn something throughout the process of informational exchange. Unfortunately, many comments are from people who choose to hide behind monikers instead of posting their real name. This anonymity, it… Read more »
Well said — couldn’t agree more.
Dennis- If I stated my real name I have serious doubts that I would have a job if I spoke honestly about many of my real beliefs. I have no desire to take that chance and will continue to speak my mind freely on this site. This is not a… Read more »
Right on Trouble … I see your not as rotten as I thought .. lol .. actually I never thought that, I just always presented an opposite view to things people say here, and try to bring the positive to it, but I understand your beliefs. This is a good… Read more »
“Self-righteous condemnation at this point only leaves the burnt whiff of ego in the air.” That must be the new modern definition for expecting one to stand tall an assume ACCOUNTABILITY for their ACTIONS. I have no compassion for anyone that chooses to end their life to avoid the responsibility… Read more »
Not Getting it, You truly do not get it. We’ve all hashed over the details of this community and personal tragedy. I’m suggesting you give it a rest for Mrs. Bourne and everyone else. It is perhaps enough that we assume responsibility for our own lives. Judging others is risky… Read more »
If we have already “hashed over the details”, then why did you (The Sierra Wave) print the latest Law Suit?
This impending La Suit, if it does go to trial, will involve more individuals than anyone here could ever imagine.
That BK, is my point.
Not Getting, I’m not into arguing. I was merely suggesting that you try kindness when it
comes to the families. Benett Kessler
Benett Kessler and her staff sensor the comments to their liking!
Dear Joe, It’s called editing. Benett Kessler
This is all a completely big joke right? Not the Civil Suit. No.But the fact that there are still many out there in Mammoth Lakes, including the Widow of the Great Doctor, that have yet to come to terms with and accept the reality that both her late husband and… Read more »
Not Getting it, I think we have all been fully apprised of the apparent realities of this case. But, let’s not forget the quality of compassion for all of the families very hurt by all of this. Self-righteous condemnation at this point only leaves the burnt whiff of ego in… Read more »
Good post Benett
Not Getting It – “This is a growing disease in our society. NO ONE takes responsibility for their actions. They turn the cause of their misbehavior around and do not show the courage nor integrity to assume responsibility for their actions.” I agree that some people do not take responsibility… Read more »
A few points… 1) Like it or not, civil suits such as these are an important tool of justice under our system. Perps and would-be perps who are interested in fooling around with underage girls need to know that their bad acts can have very serious financial consequences, and that… Read more »
I agree spent money to celebrate a life of Dr. Bourne, and then lay off 75 employees because of lack of money. Some of who have given up 44 years of their lives to make Mammoth Mountain Ski Area the best possible place it can be. Did they spend that… Read more »
More details emerge
http://www.courthousenews.com/2012/03/23/44952.htm
Perhaps some good will come from this. Having served as a juror on a similar case, I heard testimony from the arresting authorities, victim’s family and 6 expert witnesses (psychologists, doctors and counselors). One thing is clear, pedophiles prey on children who are generally loners, outcasts or troubled. They look… Read more »
Most of you do not know, but this girl was at boarding school because she was already very troubled. These two grown men knew that and chose her to groom. She is on suicide watch at this school. The victim and family needs this money to pay for extensive therapy.… Read more »
….our entire community is “a part of this” and will be forever….how ? We live here b/c it’s a beautiful place with endless amounts of adventures to be had as adults and children…we didn’t choose to live here to isolate ourselves from “reality”…we understand bad things happen everywhere. Yes, terrible… Read more »
I cannot believe you would compare your heartache over having to tell your children what happened in the case to the hell G. Bourne is subjected to. You have no idea how much more she has to explain to her two children… And aside from this point- I feel like… Read more »
@cd: the post was stated up front as being ‘myopic’ (=from my view point only)…it’s point was to share how the entire community (myself included) was/is affected by the actions of the two men….those actions did not stay within the men’s families or within only their homes and lives…their actions… Read more »
Good post kaat
I suspect the backlash from what comes out in the civil suit will tear the town, mmsa, the hospital, and perhaps the school district a part.
To many people knew what was going on, the $%^% will hit the fan in a civil case.
OMG! It took tremendous courage for Dr. Bourne’s widow to respond to the comments that have been written. Let’s embrace what she said and once and for all leave it alone! This comment thread is like a speeding subway train. A person gets run over and the train doesn’t stop,… Read more »
Bishop Local….I agree with you…..I accually had trouble sleeping last night thinking about it…and some of the things I have said…I hope Ms.Bourne and her family can move on from this and have a happy life.None of it was their fault at all.Our comments that were so bad were not… Read more »
amen .. Wayne
I am concerned a lot of you are missing the point of the civil suit. OTHER people, in our small community, we already hold respect for may be called as defendants. It would be folly to think these 2 men and the girl were the only people involved with this… Read more »
“We are ALL a part of this and it is OUR fault we let this happen.” You are so WRONG. There is no such thing as collective guilt. What is your trip? Why are you trying to blame everyone when most of us had no idea this sordid mess was… Read more »
My guess is that Dr. Bourne had plenty of insurance to cover large lawsuits. I’m sure their are plenty of attorneys looking into all that right now.
His insurance was for his medical practice, doesn’t cover anything else. Life insurance policies are void if you commit suicide. Too bad the victim in going after Dr.Bourne’s estate, gotta have some sympathy for his widow and family. Though I’m disgusted with Andy Bourne’s and Walker’s crimes and think 5… Read more »
Unless the victim was actually one of Mr Bourne’s patient .. Then the attorneys will be knocking on the insurance companies door…
Time will tell
Life insurance policies aren’t necessarily void in the case of suicide. Most will pay, as long as the policy is more than 2 years old.
From what I understand most will not pay no matter how old the policy is if you commit suicide.
In our news experience, we have come across instances in which policies did pay, perhaps not the full benefit. BK
Imagine walking in the shoes of Andy’s widow for just 5 minutes! I doubt ANY of you have the courage to do so. Can any of you even wrap your mind around what HER hell on earth must be like? Her family is shattered and she ALONE is now provider,… Read more »
I do not think anyone here is attacking Mrs. Bourne.
I feel so much sadness and empathy for all the families involved in this tragedy. My heart goes out to G. Bourne and her boys and to all the victims involved, especially the young girl. When I was 14 years of age, my self esteem was so low. Any man… Read more »
Dear Gillann Bourne, I do not know you but i just want to say: The anger and hatred is not directed at you. I and I’m certain others have the utmost compassion for you and your family and the hell you are going through. The anger is directed at two… Read more »
Shame on you parents! As a mother of a beautiful daughter, we knew where she was, who she was with and where she was going! Take a “Look in the Mirror”! What took place was horrible, but you both are also to blame.. For goodness sakes, enough hurt, heartache to… Read more »
Sorry but there is no way you knew every move your daughter made unless you had her handcuffed to you. No matter how hard a parent tries you cannot watch them all the time. You might want to think this but every 16 year old keeps secrets. Were you never… Read more »
I am a victim of sexual abuse, I can say SHAME ON YOU to the victim and family! Seek value in the comfort of your family and solitude of healing. SHAME ON YOU of going after what income may be left. What would the benefit be going after his wife… Read more »
my post this morning must have been deletd by mistake as it was not nearly as nasty as some of the others you allowed. salaam aleikum
I don’t recall seeing a post from you. Go ahead and re-send it. Benett
While I don’t agree with your comment “Rusty…. I wish you had daughters” I do agree that the Mountain should be slightly embarrassed for “Celebrating” the life of a selfish, pathetic, child molester… Local doctor/hero or not, he still violated a young girl. The “Celebration of Life” was disgusting and… Read more »
I am a long time Santa Barbara resident and I have followed this case since it hit the news. I have been very sad about the nasty things said about our District Attorney and the victim and her family. Andy Bourne and Joe Walker seem to be treated like celebrities… Read more »
Celebrities?? Not at all. Many people could care less. And all of us parents fear the type of men these two are (were). The press spoke for his friends and said we were struggling. The press did not speak for me.
Mammoth local.
14-16 isn’t prepubescent
This is a very sad situation. This involves our friends and their families in our community who are hurting deeply and suffering through tragedy. The anonymity of this message board allows thoughtless and hurtful comments to be spewed without responsibility or accountability. People, think before you write. Think, if you… Read more »
Claudia, my name is Glenn Clark, my middle name is Allen, hence my nick name, I don’t use it to hide, it is just a nick name I am called by a lot of people. I understand what you’re saying about some that hide behind anonymous names to bring forth… Read more »
What is very interesting to me is the quote in the article “The suit alleges that for two years, starting in 2009, Bourne and Walker engaged in a common plan between them to “befriend” the parents of the minor victim for the purposes of deceit and in order to gain… Read more »
You have got to be kidding!!!! Are you looking for a money redemption like the victim?! Every surgery has possible complications and if you think you could do better go to med school!
It seems the only person looking for money here is the parents of the victim, would they be looking for money from some scumbag living in the slums down the street?. I am simply say that the final repercussions of this incident will not be known for years and years… Read more »
As a patient of Dr. Bourne on more than one ocassion, and a patient at Mammoth Hospital since it opened, I can say that Dr. Bourne was the best, most talented general surgeon they ever had there.
The last thing I’d want for a supposedly traumatized daughter once the perps have been prosecuted would be to gratuitously force her through additional years of depositions, conflict, and highly public testimony in a discretionary civil suit chasing money, the only guaranteed outcome of which will be to keep the… Read more »
if I were a betting man. There will be no civil trial. This will get settled unless there is no agreement as to price. So I do not think that there will be depositions of the Victim girl or taking the stand as a witness. There quite possibly be some… Read more »
Fed Up, you forgot to include Rusty in that list.
Perhaps the parents are “betting men” too. Which makes my point. I am not saying that mercenaries are wrong. I’m just saying that mercenaries will make tradeoffs with other people’s lives that a judicious parent should not make. Enjoy your visions of deep pockets. Hope it help you sleep better.… Read more »
they removed a locals comment, but i agree it was sick
I agree. This is pure greed and now this parent of this girl who did not keep a watchful eye on her teen for two years, is now going to make more victims. Bourns kids! She dont give a damn. Only money is important now!
The real story will come out when the victim’s mother is deposed and her Emails, Tweets and Text Messages become subject to discovery. Finding out what she knew and when she knew it will be very telling.
Maybe Rusty Gregory, Dr. Karch, and their ilk at MMSA/Mammoth Lakes can hold a fundraiser to pay for defense costs.
I would not put it past them….
Joe and A local- that’s sick !
How on earth would that poor woman have know that her husband was a pedophile? She took vows and made babies with a man that tricked an entire comunity into believing he was an upstanding, wonderful, caring human. He ended up being a monster. But to say “Bad news for… Read more »
Just as I thought, the truth in the guilty plea comes out. The only problem I have is the monetary compensation against Bourne’s estate. The purpose is not only for retribution for the victim but also as a punishment for the offender. Since the offender is dead what good does… Read more »
How sick are they that they would want more than the Doctors life?
Have they no hearts at all?
=
Really….you think the victim should have a heart for the men who sexually violated her? The family did not take the doctors life, he did. If someone sexually violated your wife or child (because she was a child) would you have a heart for the predator?
This entire affair seems suspicious, like a setup by Lolita’s mother who must have known about her daughter being sexually active and an excellent bait for rich men.
The mother should be charged with a number of crimes as well if that conspiracy theory is correct. However until those charges are drawn up the only one to blame for not helping the child are those that hurt her the most.
Well I have heard this around town. What difference does this make. So what if the victims family is seeking money. Walker Plead Guilty and that will be enough for a winning judgement in the Civil case against Walker. I wonder how this will play against Bourne since he will… Read more »
The Bourne estate has no DEEP pockets. We have only demonstrable pain, emptiness, endless tears, and sadness left to give anyone. I maintain enough curiosity to wonder why, such a mean spirited group of people take the time to judge, write, and revel within my family’s devastation. We have nothing… Read more »
What G.Bourne says is probably true….Maybe time to stop…But in the last sentence it says” none of you are part of this”….We ALL are part of this when it happens in our little towns,and we all are going to have opinions about it.But ,maybe,enough is enough…at least it is with… Read more »
Amen Wayne
Well said G. These people have no souls. I stand by my first post with all the negative votes by the despicable people who want to punish the victims.
Best to your family. Hang in there. There is no place to go but up now.
Wow good post Reality
To G. Bourne, I praise your courage to respond. I lived through my own devastation and it is nothing close to yours. I have thought of you often in this series of events. I can only give you the advice I was given by others and did not believe. It… Read more »
G., People aren’t nice. They are the same beasts that roamed the playgrounds, starting crap, back from K-12. Years ago they would attend public executions and throw rotting food at those soon to die. Stonings continue to this day. It is a brutal world and that brutality exists in every… Read more »
I’m praying for you to find some peace. I have my own opinions about all this but my heart aches for you and what your going through.
Very well said G. You have an amazing amount of support behind you and your family. People seem to love to point the finger one way, at others, when in reality there are 3 pointing back at them. For whatever reason, it builds their petty self-esteem. They are a sad… Read more »
You will think about this thread Gillian every day of your life when you meet a smiley-faced local. As a matter of fact, so will I, although I’m not remotely as affected as you.
Very telling – no apology, no contrition – just an angry demand for respect.
BINGO!
Even if what your sick comment says is true,still does not excuse the 2 adult men that took advantage of this 13 or 14 year old girl.
As an abused survivor I took any opportunity to avoid my perpetrator. I did not tell him I loved him. I did not want to go to Europe with him. I just wanted him out of my life. So, the question is this lawsuit from the “girl” after money or… Read more »
Dear AbusedSURVIVOR and Others, I also am a sexual abuse survivor. I would like to admonish you in your expectation that all survivors should or can react and recover in the same way that you did. Each case of abuse, while in some ways similar (ie: grooming, secretive, etc) has… Read more »
joe really? what a misogynist comment! this mother is a good person and trusted her “best friends” with her kid
Misogynist? Au contraire. I don’t know the mother and the girl, but I knew of a15-year old girl who seduced a good part of the football team plus the coach who got naturally fired. The designation of predator or victim is not so simply black and white. I don’t have… Read more »
Oh, Joe, that poor adult coach. He got fired for not being able to resist a 15 year-old girl? I’m sure that in his education or in his hiring he was never warned about how seductive and wily those girls can be. I’m certain that never in either, his own… Read more »
Bourne also failed to report himself to authorities!
Round two! Good for the young girl!
A double-edged sword with this one…The good doctor and his estate should be hit with a lawsuit…as well as with Mr.Walker for what he has done…but putting monetary value on everything that happened seems kind of crazy…I don’t think the parents of this girl should be paid for bad-parenting..What the… Read more »
Filing suit against Dr. Bournes estate??? No, they are filing suit against the the widow and orphans, who had nothing to do with the crime, an 80% reduction in income, and will be thrown out on the street.
Great example mom.
Unfortunatly,that’s the way it works when the husband,and father, that did the crime cops out by killing himself…taking the easy way out,and leaving others in his wake….just another reason he was a lousy person,a lousy husband and a lousy father.Didn’t he think this would happen just before he stuck that… Read more »
Honestly I dont believe he ever went that far into his thought process. His actions over the past few years have been completly selfish, his suicide was completly selfish. he knew that his cover was blown and the few strings of support he had left were getting ready to flee… Read more »
As they should.. Get ready for TWO more bankruptcies in Mammoth
The good doctor, leaving a legacy of destruction and his widow to contend with the mess. I can’t say I blame the plaintiffs. I do, however, feel badly for Mrs. Bourne.