Posted by: twinkiewrangler | April 11, 2011

Highlights from State of Arizona vs. James Arthur Ray


Highlights from State of Arizona vs. James Arthur Ray

Friday March 11, 2001

Testifying today is  Dr. Beverly Bunn, an orthodontist from Dallas, Texas.

Here are highlights from direct examination by Mr. Bill Hughes.



Dr. Bunn believes that #JamesRay knows better :: she wants to overcome her problems … he exploits it.

“Beverly, especially you are stronger than this. Mind over matter” :: says #JamesRay as Dr. Bunn tries to crawl out … so she stays.

Dr. Bunn says she stayed in #sweatlodge because she was dealing with things she was trying to get over and didn’t want to let #JamesRay down

4th round = six rocks #JamesRay :: Dr. Bunn starts to worry about having enough strength to crawl out.

At the end of the third round Dr. Bunn decided that she could only do one more round :: #JamesRay

Once everyone was forced to lay down :: things got even more crowded. #JamesRay

“This was the hottest fire ever, and the rocks were hotter than any other year” #JamesRay #Oops

Dr. Bunn the only witness so far to have a memory of the fireside chat #JamesRay

#JamesRay said they were the worst god gamers ever :: he’s appalled. {me too}

41 head shavings :: 3 deaths. Much success. #JamesRay

Afternoon Testimony:

Mr. Hughes:  When that took place did Mr. Ray stop the ceremony?

Dr. Bunn: No.

Mr. Hughes:  When the sweat lodge actually ended did you ever hear M Ray inquire about how that person was doing?

Dr. Bunn: No.

Mr. Hughes:  Were people sitting up or laying down?

Dr. Bunn: Laying down

Mr. Hughes:  What heat was like in round 6?

Dr. Bunn: I think by ROUND 6

Mr. Hughes: Can you describe what round 6 was like?

Dr. Bunn: Round 6 is when everything kinda went pretty crazy everyone in the sweat lodge was yelling at some point of time because a person had passed out or a person was unconscious.

Mr. Hughes: What did she look like?

Dr. Bunn: She was completely not mobile, not functioning for herself because you could see when she was brought to the door she was just lifeless.

Mr. Objection. Ask for response to be stricken.

Judge Darrow:  The answer that has just been completed stands.

Mr. Hughes: When this woman was dragged to the door can you tell us if the door was open?

Beginning or end of round

Never opened during door close

Mr. Hughes: Did you hear anybody say anything about the woman being dragged?

Dr. Bunn: All I can recall is somebody calling somebody to the door to help drag her thru the the door.

Mr. Hughes: Was the woman dragged past where Mr. Ray was sitting?

Dr. Bunn: Right in front of him.

Mr. Hughes: Did you ever hear him ask how the woman was doing after that point?

Dr. Bunn: I did not.

Did you ever hear anybody say anything in round 6 about this person’s lack of breathing?

Dr. Bunn: Round 6 is where we heard she’s passed out.

Mr. Hughes: Did the woman every say anything?

Dr. Bunn: There was a lot of screaming going on with so many people calling each other’s names we just didn’t know who was answering

Mr. Hughes: Did Mr. Ray ever say anything?

Dr. Bunn: James said quiet down! Quiet down! I’m in charge here. Everyone needs to be quiet right now!

Mr. Hughes: Did anybody else say anything about the woman who was passed out?

Dr. Bunn: Someone said, I can’t get her to move. She’s not moving. She’s not breathing and he said I can’t deal with that right now the door is now closed we’ll deal with that at the end of the round.

Mr. Hughes: Did you hear the voice clearly?

Dr. Bunn: Yes

Mr. Hughes: Did Mr. Ray hear the voice?

Defense: Objection. Form of question.  Foundation.

Judge Darrow: Sustained.

Mr. Hughes: Can you tell us what Mr.Ray said in round 6 when people were telling him that a woman had passed out?

Dr. Bunn: Yes. He said, he door is now closed. This round is now begun and we will deal with that at the end of the next round … round seven.

Mr. Hughes:  Do you know how long that round lasted?

Dr. Bunn: Approx. 15 minutes.

Mr. Hughes: Do you recall anyone making statements about people in distress during the 7th round?

Dr. Bunn: Not if we were told to be quiet there weren’t a lot of people talking.

Mr. Hughes: Did Mr. Ray say anything in the 7th round?

Dr. Bunn: James asked for anybody who had gone out …. To join us for the last round.

Mr. Hughes: At any time end of 7th round, at the beginning of 8th, did Mr. Ray inquire about Sidney who had been dragged out?

Dr. Bunn: No he did not.

Mr. Hughes: Do you know where Kirby Brown was sitting in the 7th round?

Dr. Bunn: To my knowledge Kirby had moved. I knew where she was in the beginning and I knew where she was in the 8th round.

Mr. Hughes: Can you show us on the overhead?

Dr. Bunn: That’s where she started and that’s where she finished

Mr. Hughes:  Kirby was moved at what point she was moved?

Dr. Bunn: After the sweat lodge was over.

Mr. Hughes: Did you ever hear any comments about Kirby’s condition after the sweat lodge ceremony?

Dr. Bunn: I do not recall that specific name. I know that somebody was in trouble because nothing was being done about the person who was said to be passed out and we don’t know if she was breathing.

Mr. Hughes: Did Mr. Ray ever tell anyone to go out and check on the person who was passed out?

Dr. Bunn: He didn’t and I was waiting for that.

Mr. Hughes: Did he ever direct someone to go in and check on her?

Dr. Bunn: No.

Mr. Hughes:  Did you see or hear or observe Mr. Ray do anything to help that person?

Dr. Bunn: I did not.

Mr. Hughes: Apart from inviting people back in, did you hear Mr. Ray say anything?

Dr. Bunn: Other than order the rocks, no.

Mr. Hughes: Do you recall how many rocks for round 8?

Mr. Hughes: Do you recall Mr. Ray dumped water in the pit?

Dr. Bunn: Mr. Ray poured water on every round.

Mr. Hughes: Did you hear anybody in distress at round 8?

Dr. Bunn: Honestly at round 8 I knew that they weren’t helping.

Defense: Objection.

Judge Darrow: Sustained.

Dr. Bunn: I was really focused on myself at that point in time to live through the last round.

Mr. Hughes: Did you experience an altered state while you were in the sweat lodge?

Dr. Bunn: No to my knowledge.

Mr. Hughes: Do you recall whether people did take Mr. Ray up to come back to sweat lodge?

Dr. Bunn: They did.

Dr. Bunn: I know it was 4 or 5 several people were tripping over me coming back into the tent.

Mr. Hughes: What direction was the entrance facing?

Dr. Bunn: I was told that the entrance was to the South.

Mr. Hughes: When the 8th round ended, did you see or hear anybody in distress while you were still inside?

Dr. Bunn: Yes

Mr. Hughes: Can you tell us what happened at the end of the lodge?

Dr. Bunn: 2 different instructions — when it was over & door was opened Mr. Ray said everybody on outside circle was to leave first…So he changed his directions and said everybody on inside circle leave first and we had to go clockwise to leave. As I was getting ready to leave there was  2 gentlemen  in front of me that was dragging another  lifeless person in front of me .

(Dr. Bunn is getting emotional) …. And they asked me to push  … they drug her all the way to the door & as they were doing that I was passing Kirby and there was some snorting or some snoring sounds coming from her and she was face up.

They wanted to shake her or wake her up but I thought sooner we get everybody out ….

(Dr. Bunn is weeping and crying so hard she can’t finish her sentence)

Brief pause

Mr. Hughes: Have you been trained to resuscitate a person when they’re unconscious?

Dr. Bunn: I have.

Mr. Hughes: Was she conscious or unconscious?

Defense: Objection

Judge Darrow: Sustained.

Mr. Hughes: Can you tell us what you observed?

Dr. Bunn: She was not assisting in any way shape or form.  If you let go of her body she just laid there till the next time. They would pull and pull and I would push and she just laid their lifeless until I got there.

Mr. Hughes: Was there any response when you were administering CPR?

Dr. Bunn: She didn’t respond in any way.

Mr. Hughes: Do you recall what Kirby’s mood was before the sweat lodge?

Dr. Bunn: She was on top of the world she was ecstatic about going through the event.

Mr. Hughes:  After the sweat lodge, was her demeanor different from that demeanor?

Defense: Objection.

Judge Darrow:  Overruled.

Dr. Bunn: Yes

Mr. Hughes: How was it different?

Dr. Bunn: There was no movement form Kirby

Mr. Hughes: Did you finally make it out?

Dr. Bunn: I did

Mr. Hughes: How long did it take you to circuit out of sweat lodge?

Dr. Bunn: 7-10 minutes because we were dragging that lady out it was taking a long time.

Mr. Hughes: What happened once you were out of the sweat lodge?

Dr. Bunn: I laid down and they splashed a 5 gallon bucket of cold water on me and told me to rest and I did a great job.

Mr. Hughes: Can you tell what you observed about Sydney?

Dr. Bunn: She was unresponsive and people were calling her name saying Sydney talk to me.

Mr. Hughes: Did you observe anybody else who was likewise unresponsive?

Dr. Bunn: I got up and that’s when I noticed the other people.

Dr. Bunn: Jeanne was a medical doctor and I told her I was an orthodontist.

Mr. Hughes: What did you observe?

Dr. Bunn: Mucus coming out of Sydney’s nose and mouth eyes rolling back in head barely, barely  breathing making a sound for air– not enough would go in paired some people up to talk try and pinch her hand.

Mr. Hughes: Then what happened?

Dr. Bunn: They started calling for medical attention on other side of the tent.

Dr. Bunn: I went to get blankets I saw another woman lying on the dirt laying on her arm and her arm was turning blue. I wanted to put her in supine position but she was unresponsive.

Mr. Hughes: Did you notice anyone else in distress?

Dr. Bunn: Next to her was another person I recognized as Stephen Ray.

Mr. Hughes: What did ye look like?

Dr. Bunn: He was responsive with mucus coming out of his mouth. All of his blood vessels had burst in his eyes.

Mr. Hughes: What did you do then?

Dr. Bunn: I was looking for Kirby and also started looking for Julie.

Mr. Hughes: Could you see anyone else in distress?

Dr. Bunn: I could see them doing chest compressions on James Shore.

Mr. Hughes: Who was doing compressions?

Dr. Bunn: Barb. One of the dream team members.

Mr. Hughes: What did you do then?

Dr. Bunn:  I was still looking for Kirby & I went to get more towels. I looked thru door of the tent after they lifted up back of tent and pulled them out. I could see her stomach going up and down.

At this point Dr. Beverly Bunn got so upset they needed to take a brief recess

Mr. Hughes: Why is it that you were trying to cool Sydney down?

Dr. Bunn: Her body felt like it was overheated. It feels like a fever so you cool it down with a cool cloth.

Mr. Hughes: Did you see any medical people tending to Sydney?

Dr. Bunn: There was no medical people  there.

Mr. Hughes: Did you see a first aid kit?

Dr. Bunn: The only first aid kit I saw was a Tupperware of gauze and bandaids and I don’t think that could help Sydney at the time.

Dr. Bunn: Brett was lying near Sydney

Dr. Bunn: And I was mobile so I was calling for blankets of towels or anything to cover her up

Mr. Hughes:  Was there anything about Bret lead you to have concerns about his well-being?

Dr. Bunn: He was crying and he was calling to Sidney Please breath please answer me.

Mr. Hughes: Did he seem coherent?

Dr. Bunn: He seemed pretty coherent to what he was doing.

Mr. Hughes: Talking?

Mr. Hughes: Did you check her eyes?

Dr. Bunn: I did check her eyes they were rolled back in her head.

Mr. Hughes: What about the lady with the blue arm?

Mr. Hughes: Any idea how long since you exited the sweat lodge?

Dr. Bunn: Probably been out about 10 to 15 minutes

Mr. Hughes: Could you feel whether her skin how it felt?

Dr. Bunn I don’t recall I was just more concerned about her cutting of circulation to arm really turning blue.

Dr.Bunn: Everybody had water around them they had been splashed with water

Dr. Bunn: All her clothing everything is wet

Mr. Hughes: What caused you to leave that woman and move on?

Dr. Bunn: What I was concerned about was that she was turning blue but her lips weren’t turning blue.

Dr. Bunn: We weren’t getting any response and short, short breaths.

Dr. Bunn: Asking to try and pinch the skin trying to get her to respond just to see if there was any kind of reaction you could get just knowing she was alive

Mr. Hughes: Are you familiar with A.V.P.U. ( scale for accessing consciousness?

Dr. Bunn: To be honest with you just basic CPR or first aid.

Mr. Hughes: Did you see people helping woman out?

Dr. Bunn: No

Mr. Hughes: Did you see Mr. Ray helping woman out?

Dr. Bunn: No

Mr. Hughes: To your knowledge, were there any medical people on dream team?

Dr. Bunn: Not to my knowledge.

Mr. Hughes: To your knowledge were there any medical people who were employees of Mr. Ray?

Dr. Bunn: Jeanne who was a doctor.

Mr. Hughes: Who called for assistance?

Dr. Bunn: I think it was Brett and one of the other dream team members because she was barely breathing at all.

Dr. Bunn: That’s when I noticed another person laying on the ground …. Stephen Ray not too far from her.

Mr. Hughes: Did you say anything to the dream team members?

Dr. Bunn: Is this normal this is crazy do you understand that this is not normal here?

Mr. Hughes: What happened then?

Dr. Bunn: Stephen Ray turned and opened his eyes all the blood vessels had burst.

Mr. Hughes: What did Mr. Ray do?

Dr. Bunn: He just looked at me.

Defense: Objection

Judge Darrow: Overruled.

Mr. Hughes: Do you know what he (JAR) was doing?

Dr. Bunn: Yes.

Mr. Hughes: Can you tell us?

Dr. Bunn: He was just standing there probably from where you can assess Kirby and James and he just stood there watching them do CPR on Kirby and James.

Dr. Bunn: I was waiting for a reaction on Mr. Rays face cause …

Defense: Objection

Judge Darrow:  Sustained.


Who is it you saw person

Mr. Hughes: Did you walk over to where Kirby was once you saw CPR being performed?

Dr. Bunn: I wasn’t allowed.

Mr. Hughes: Who told you that you weren’t allowed?

Dr. Bunn: Christine the dream team member would not allow me to go over there.

Mr. Hughes: And what did you do next?

Dr. Bunn: I told them about 10 times I know CPR and she would not allow me to go over there.

Mr. Hughes: Did you see who was performing CPR on Mr. Shore?

Dr. Bunn: Barb

Mr. Hughes: How far apart was the group was performing CPR on Kirby?

Dr. Bunn: They were just a few feet apart.

Mr. Hughes: Did you see anybody throwing up?

Dr. Bunn: Inside the tent mostly.

Mr. Hughes: When did you see people throw up?

Dr. Bunn: In the middle of round you would hear people spitting or the person next to you would throw up.

Mr. Hughes: Did you see someone on the ground named Christine?

Dr. Bunn: I did.

Mr. Hughes: Was there anything unusual about Christine as she was on the ground?

Dr. Bunn: Christine was on the other side of Sydney and Christine was having some sort of fit. She was yelling and screaming yelling profanities and yelling out James Ray! James Ray!

Mr. Hughes: Who is Christine?

Dr. Bunn: Christine job is a dream team member and she wouldn’t let me do CPR

Mr. Hughes: Do you know when ems arrived on the scene?

Dr. Bunn: The time was approximately 5:40 – 5:45 pm.

Mr. Hughes: Was it still light out?

Dr. Bunn: It was dusk.

Mr. Hughes: At some point did you alert the paramedics to some of the things you’ve told us about?

Dr. Bunn: Yes.

Mr. Hughes: How is it that you came to alert them?

Dr. Bunn: When the paramedics came down the hill, they seemed to branch off she asked us what happened and we took her straight to Sydney the others took us to the other side where Kirby and James where.

Regarding exhibit 230

Mr. Hughes: Let me ask you what you see in the photo?

Dr. Bunn: That’s the aftermath of the sweat lodge

Mr. Hughes:  Can you identify anyone in the photo?

Dr. Bunn: Meagan, Josh … the wife of the fire starter and the daughter they were in charge of heating the rocks.

Mr. Hughes: How did you know it was Ted?

Dr. Bunn: He was introduced to us right before said he had done this for several years making sure rocks were there he did the other fire where we burned our journals as well.

Mr. Hughes: Did Mr. Ray say anything to the participants?

Dr. Bunn: He told us now that paramedics were here. Please buddy up grab a participant and walk back to cabins, if you can.

Mr. Hughes: Did some people use golf carts?

Dr. Bunn: Yes.

Dr. Bunn: I walked back with my roommate Julie and we were walking back to our cabin, they drove up on us and the girl was Christine – yelling and screaming her eyes were huge and her pupils were all dilated and she wouldn’t talk.

Mr. Hughes: Did you notice anything about Amy after seemed out of the ordinary

Dr. Bunn: Amy was really, really sick she had a garbage pail next to her bed and she was throwing up she didn’t have lunch she didn’t’ have breakfast either.

Mr. Hughes: Did you observe Kirby participated in the events that week?

Dr. Bunn: To her fullest.

Mr. Hughes: You had been told about heat related illnesses by a guide in the Grand Canyon

Did the info concern you?

Dr. Bunn: What concerned me was that I knew there was people with high blood pressure and were over weight.

Dr. Bunn: And I knew you weren’t supposed to expose yourself to continuous over 20-30 min and we were going to be there over 3 hours.

Mr. Hughes: Did you ever speak up?

Dr. Bunn: No

Mr. Hughes: Why not?

Dr. Bunn: I was there as a participant not a rule maker.

Mr. Hughes: Did anyone know you were an orthodontist?

Dr. Bunn: I never told anybody I was an orthodontist.

Mr. Hughes: Did you believe the defendant knew how to run a safe sweat lodge?

Defense: Objection.

Judge Darrow:  Overruled

Dr. Bunn: Based on the fact he claimed he had done this for 7 years that’s all I had knowledge of

Mr. Hughes: Did he ever say where his knowledge came from?

Dr. Bunn: He said he had studied with many of the Native Indians.

Mr. Hughes: Did Mr. Ray show you a photograph where he was with people who appeared to be Native Americans?

Dr. Bunn: Yes. Mr. Ray has a huge sweat lodge side show that shows him with all diff types of people including Native American people

Defense: We request answer be stricken.

Mr. Hughes: What if anything informed you opinion about whether he could run a safe sweat lodge?

Dr. Bunn: I didn’t question Mr. Ray at this time.

Mr. Hughes: Why didn’t you question Mr. Ray?

Defense:  Objection. Pending question

Judge Darrow: Overruled

Dr. Bunn: You learn through the course of the week that you don’t question Mr. Ray on anything   …Things are not optional. As you learn there’s consequences or reprimand if you question Mr. Ray or you don’t do as he says of you don’t play full on.

Mr. Hughes: Was that something you had seen in previous course you attended?

Dr. Bunn: Yes.



Mr. Hughes: Can you tell us what the events were that influenced you as you were in the sweat lodge?

Dr. Bunn: No.

Mr. Hughes: Do you recall any specific events from Spiritual Warrior week that influenced you once you were inside sweat lodge?

Dr. Bunn: the whole week influenced me the whole motto for the week. You just don’t feel right if you don’t play full on. I don’t want to let him down at that point in time.

Mr. Hughes: Did you ever see Mr. Ray go up to paramedics or emts and offer then any info?

Defense: Objection.

Judge Darrow: Overruled. That’s a yes or no question and you may answer that if you can.

Dr. Bunn: I did not see him offer any assistance.

Mr. Hughes: Thank you Dr. Bunn.


Mr. Kelly: you were interviewed several times that evening Oct 8 and Oct 9 by detective Shawna Willingham have you had a change to read your testimony:

Dr. Bunn: Yes.

Mr. Kelly:  She’s concerned about your emotional state. Have you sought professional counseling?

Dr. Bunn: I visited with a counselor twice.

Mr. Kelly: It’s really bothered you?

Dr. Bunn: Yes.

Mr. Kelly:  I’m going to hand you exhibit 199 and ask you refresh recollection of Spiritual Warrior guide you downloaded before you went to Spiritual Warrior.

Dr. Bunn: Yes There’s at least 1 page missing. It appears to be similar.

That’s the page that’s missing – what to bring what to wear ….

Mr. Kelly introduces a copy of Spiritual Warrior release waiver indemnity and disclaimer and asks that it be admitted into evidence.

Dr. Bunn: Correct.

Mr. Kelly: and that document you had some 3 months prior to showing up in Sedona & that document notifies you that there will be high risk activities such as holotropic  breathwork,  sweat lodge (a ceremonial sauna) vision quest  in wilderness without food or water?

Dr. Bunn: Correct.

Mr. Kelly: As a Dentist licensed by the state of Texas, you provide an informed consent document before you begin?

Dr. Bunn: Correct.

Mr. Kelly: And they all read that document, correct?

Dr. Bunn. I’m not going to answer on behalf of my patients.

Mr. Kelly: You expect your patients will read that document?

Dr. Bunn: Yes

Mr. Kelly:  You knew the Spiritual Warrior retreat would include a sweat lodge, holotropic breathing?

Dr. Bunn: It always says these activities may be included it doesn’t say anything about high risk.

Mr. Kelly: The release of waiver is for James Ray international the corporation correct?

Dr. Bunn: I wouldn’t know.

Mr. Kelly: You release waive and discharge James Ray International Inc. (the company) is that correct?

Mr. Kelly reads the waiver: “In consideration of being permitted to participate in Spiritual Warrior event and being granted access to the premises I agree to release waive and discharge JRI the COMPANY volunteer assistants and others associated with the company from all liability in any claims of damage or resulting in death whether caused by the negligence of the release”

Mr. Kelly: When you signed this document you were dealing with an individual that is not James Ray correct?

Dr. Bunn: I don’t’ understand the question.

Mr. Kelly: You were familiar with heat stress on human body because you had hiked the Grand Canyon correct?

Dr. Bunn: In September 2010 – 1 year after Spiritual Warrior seminar.

Mr. Kelly: You were told to hydrate, hydrate, hydrate …

Mr. Kelly: You were told repeatedly to hydrate.

Dr. Bunn: I have to answer no to that

Dr. Bunn: We couldn’t when we were on our Vision Quest because we had no food or water

Mr. Kelly: You exercised free choice to go to the Grand Canyon and exercised free choice to go to Spiritual Warrior correct?

Dr. Bunn: I did.

Mr. Kelly: You freely singed documents.

Dr. Bunn: I did.

Mr. Kelly: What happened during Holotropic breathing? You actually fell asleep?

Dr. Bunn: At times. It put you to sleep

Mr. Kelly: Did you hyperventilate?

Dr. Bunn: And was woken up several times to continue to hyperventilate.

Mr. Kelly: You’re an educated professional woman who has a doctoral degree you’re capable of making your own decisions? You made the decision to go to yoga correct?

Dr. Bunn: It wasn’t an option.

Mr. Kelly: You me Liz Neuman?

Dr. Bunn: Not really I didn’t interact with Liz much.

Mr. Kelly: Did you know that Liz didn’t’ participate in Holotropic breathing?

Dr. Bunn: No I did not Liz Neuman was a dream teamer.

Mr. Kelly: You knew it was a game?

Dr. Bunn: Yes.

Mr. Kelly: Mr. Ray had a Halloween costume on?

Dr. Bunn: He was dressed in a robe with a gold crown yes.

Mr. Kelly: During Holotropic Breathing when you fell asleep that’s ok?

Dr. Bunn: Because they woke me up so I guess it wasn’t ok

Mr. Kelly: Did you see people raise their hand and say hey I’ve got to go to the bathroom?

Dr. Bunn: I don’t recall that.

Mr. Kelly: Are you aware that another key factor to substantial heat stroke is elevated core body temperature?

Dr. Bunn: Correct.

Mr. Kelly: Do you know water weighs 8.5 pounds per gallon?

(Asking rapid fire questions is a NLP confusion technique)

Mr. Kelly: When you were hiking in the Grand Canyon, you could stop and drink water at any time correct?

Mr. Kelly: Had somebody collapsed because they had an elevated body temp and were dehydrated they didn’t follow directions, you would have used every skill that you had to help that person Correct?

Dr. Bunn: Correct

Mr. Kelly: 41 of the participants cut their hair so at least 20 didn’t correct?

Dr. Bunn: According to my calculation it would make it 9 because I was told there was 50 participants

Mr. Kelly: The other, they made the decision to cut their hair?

Dr. Bunn: We did.

Mr. Kelly: People were encouraged to cut their hair to help them become better people.

Letting go of your appearance and becoming the person you are inside?

Dr. Bunn: I missed that part to be honest with you.

Mr. Kelly: It was part of letting go.

Dr. Bunn: I was told that later.

Mr. Kelly: It was to overcome vanity.

Dr. Bunn: I didn’t’ hear to overcome vanity.

Tom Kelly: Kirby Brown, you and Julie decided to cut hair on last day, but struggled with the decision and finally decided that’s what you wanted to do on the last day?

Dr.Bunn: Correct.

Tom Kelly: 4 days preceding you made the decision not to cut your hair does that make sense?

Dr. Bunn: Yes that makes sense.

Mr. Kelly: You’re not familiar with the corporate structure of JRI?

Dr. Bunn: No.

Mr. Kelly: You don’t know how Meagan and the dream team members fit into corporate structure?

Dr. Bunn: Somewhat I do.

Mr. Kelly: You had to pay money for lodging and food

Dr. Bunn: On top of the amount we spent for Spiritual Warrior yes

Mr. Kelly: You’re not familiar with the corporate structure of JRI?

Dr. Bunn: No.

Mr. Kelly: You don’t know how Meagan and the dream team members fit into corporate structure?

Dr. Bunn: Somewhat I do.

Mr. Kelly: You had to pay money for lodging and food

Dr. Bunn: On top of the amount we spent for Spiritual Warrior yes

Dr. Bunn: You’re asking me something that I really don’t know

Dr. Bunn: It’s not a yes or no answer for me

Legal Resources:

Understanding Negligence

Arizona Laws 101: A Handbook for Non-Lawyers by Donald A. Loose

Elements of a Criminal Negligence Case


Criminally Negligent Manslaughter A homicide resulting from the taking of an unreasonable and high degree of risk is usually considered criminally negligent manslaughter. Jurisdictions are divided on the question of whether the defendant must be aware of the risk. Modern criminal codes generally require a consciousness of risk, although, under some codes, the absence of this element makes the offense a less serious homicide.

There are numerous cases in which an omission to act or a failure to perform a duty constitutes criminally negligent manslaughter. The existence of a duty is essential. Since the law does not recognize that an ordinary person has a duty to aid or rescue another in distress, an ensuing death from failure to act would not be manslaughter. On the other hand, an omission in which one has a duty, such as the failure of a lifeguard to attempt to save a drowning person, might constitute the offense.

When the failure to act is reckless or negligent, and not intentional, it is usually manslaughter. If the omission is intentional and death is likely or substantially likely to result, the offense might be murder. When an intent to kill, recklessness, and negligence are present, no offense is committed.

In many jurisdictions, death that results from the operation of a vehicle in a criminally negligent manner is punishable as a separate offense. Usually it is considered a less severe crime than involuntary manslaughter. Although criminal negligence is an element, it is generally not the same degree of negligence as that which is required for involuntary manslaughter. For example, some vehicular homicide statutes have been construed to require only ordinary negligence while, in a majority of jurisdictions, a greater degree of negligence is required for involuntary manslaughter.

Unlawful-Act Manslaughter In many states, unlawful-act manslaughter is committed when death results from an act that is likely to cause death or serious physical harm to another person. In a majority of jurisdictions, however, the offense is committed when death occurs during the commission or attempted commission of a misdemeanor.

In some states, a distinction is made between conduct that is malum in se, bad in itself and conduct that is malum prohibitum, bad because prohibited by law. In these states, the act that causes the death must be malum in se and a felony in order for the offense to constitute manslaughter. If the act is malum prohibitum, there is no manslaughter unless it was foreseeable that death would be a direct result of the act. In other states that similarly divide the offense, the crime is committed even though the act was malum prohibitum and a misdemeanor, especially if the unlawful act was in violation of a statute that was intended to prevent injury to other persons.

Criminal negligence

: a gross deviation from the standard of care expected of a reasonable person that is manifest in a failure to protect others from a risk (as of death) deriving from one’s conduct and that renders one criminally liable
compare gross negligence in this entry

Gross negligence

: negligence that is marked by conduct that presents an unreasonably high degree of risk to others and by a failure to exercise even the slightest care in protecting them from it and that is sometimes associated with conscious and willful indifference to their rights
see also recklessness
compare criminal negligence in this entry

The failure to use reasonable care to avoid consequences that threaten or harm the safety of the public and that are the foreseeable outcome of acting in a particular manner.

Criminal negligence is a statutory offense that arises primarily in situations involving the death of an innocent party as a result of the operation of a motor vehicle by a person who is under the influence of Drugs and Narcotics or alcohol. Most statutes define such conduct as criminally negligent Homicide. Unlike the tort of Negligence, in which the party who acted wrongfully is liable for damages to the injured party, a person who is convicted of criminal negligence is subject to a fine, imprisonment, or both, because of the status of the conduct as a crime.

West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

Negligent homicide is the killing of another person through gross negligence or without malice. It often includes death that is the result of the negligent operation of a motor vehicle, which includes the operation of a boat or snowmobile. It is characterized as a death caused by death by conduct that grossly deviated from ordinary care. Negligent homicide may be charged as a lesser-included offense of manslaughter. It is also sometimes referred to as “involuntary manslaughter”. State laws vary, so local law should be consulted for specific requirements.

The following is an example of a state statute dealing with negligent homicide:

“(a) (1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:

(A) While intoxicated; or

(B) If at that time there is an alcohol concentration of eight-hundredths (0.08) or more in the person’s breath or blood…as determined by a chemical test of the person’s blood, urine, breath, or other bodily substance.

(2) A person who violates subdivision (a) (1) of this section is guilty of a Class C felony.

(b) (1) A person who commits negligent homicide if he or she negligently causes the death of another person. A person who violates subdivision (b) (1) of this section is guilty of a Class A misdemeanor.”


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