UPDATE: Wildomar Couple Convicted On Marijuana Charges; Could Lose Custody Of Their Son

5/24: UPDATE: A Wildomar couple was convicted today of growing marijuana at their home and child endangerment.

A jury deliberated for about one day before reaching their verdicts against William Bunn, 36, and his 28-year-old wife, Mary. They are scheduled to
be sentenced July 8 at the Palm Springs courthouse and could lose custody of their 4-year-old son when imprisoned.

"They were in tears, as am I,'' said Chris Yap, the president of the Human Kindness Center, a marijuana collective the Bunns were in the process of
joining. "I'm the responsible one. I would gladly take their punishment at
sentencing.''

The Bunns were arrested in 2008 when investigators found 79 marijuana
plants growing in a detached garage at their rural Wildomar home, according to prosecutors, who say the building was equipped with paraphernalia indicative of marijuana cultivation, including artificial lighting, a climate control system and independent hoses for each plant.

Investigators said they also found 2.05 grams of marijuana in various places within the Bunns' home and a glass smoking pipe that appeared to be recently used.

A .380-caliber semi-automatic handgun was found on a shelf above the
refrigerator, with three live rounds sitting next to the weapon and a 12-gauge shotgun was found in a bedroom, with live ammunition nearby, prosecutors allege.

The Bunns' son was 22 months old at the time of the August 2008 search
and was taken from the couple for several months.

Just before the investigators served the warrant at the Wildomar home,
the Bunns were in the process of joining of the Human Kindness Center, a marijuana cooperative based in Temecula, according to Yap.

Though the Bunns had not completed all the requisite paperwork by the
time the investigators searched their home at 25550 Catt Road, Yap testified in the trial that he rented the barn from the couple and maintained the plants were his.

Tim Liebaert, William Bunn's attorney, said the set-up was no different
than others viewed as legal by the state.

"One of the problems in the law is you can come out and hire a whole
warehouse to grow marijuana, but the owners of the warehouse don't have to be in the cooperative, they don't have to have a license,'' Liebaert said. "Why are the Bunns any different?''

Yap said his residence was also searched around the same time, but he was not arrested because officers deemed his cultivation center legal. He said the Bunns became members of the collective two days after the search.

"The plants there were under my control, I had the corporate papework to cover the cultivation that was going on,'' Yap said. "But they dragged the
Bunns into it and it was wrong.''

Deputy District Attorney's Public Information Officer John Hall denied the Bunns were inappropriately targeted or charged.

"Based on the evidence in this case, which included more than 75 marijuana plants, we filed the charges we believe to be most appropriate under the law,'' Hall said when the trial began last week.

The Bunns were found guilty of a felony charge of cultivating marijuana and a misdemeanor charge of willfully endangering the health of a child.

William Bunn was also convicted of possessing a firearm within 10 years of a prior conviction.   

The Bunns were acquitted of felony child endangerment, leading to the
lesser charge. --City News Service

5/23 ORIGINAL POST: Closing arguments are set Monday in Palm Springs this morning in the trial of a Wildomar couple accused of growing marijuana. The couple could lose custody of their son if found guilty.

William Bunn, 36, and his wife, Mary, 28, face felony charges of growing marijuana and willfully endangering the health of a child.
Additionally, William Bunn is charged with a felony count of possessing a firearm within 10 years of a prior conviction.

The Bunn’s attorneys argued that the setup was like many that are viewed as legal by the states and used by marijuana cooperatives.

Arrested in 2008, investigators found 79 live marijuana plants growing in a detached garage at their rural Wildomar home, according to prosecutors, who say the building was equipped with paraphernalia indicative of marijuana cultivation. Among the items found were artificial lighting, a climate control system and independent hoses for each plant.

Investigators said they also found 2.05 grams of marijuana stashed in various places within the Bunns' home and a glass smoking pipe that appeared to be recently used.

Prosecutors also alledge that a .380 semi-automatic handgun was found on a shelf above the refrigerator, with three live rounds sitting next to the weapon and a .12 gauge shotgun was found in a bedroom, with live ammunition nearby.

The Bunns' son was 22 months old at the time of the August 2008 search and was taken from the couple for several months.

“Both defendants in this case are responsible for the care and safety of the child,” said Riverside County District Attorney's Office spokesman John Hall. “The residence where the child lived was found to contain marijuana, weapons and an apparently recently used marijuana smoking pipe.”

The couple could each face more than seven years in prison if convicted, meaning they would lose custody of their child while incarcerated.

Just prior to investigators serving the warrant at the Wildomar home, the Bunns were in the process of joining of the Human Kindness Center, a marijuana cooperative based in Temecula, according to its president, Chris Yap.

Though the Bunns had not completed all the requisite paperwork by the time the investigators searched their home at 25550 Catt Road, Yap testified
Thursday that he rented the barn from the couple and maintained the plants were his.

“He was in exclusive control of the grow room located in the Bunns'
residence and was the only one with the key,” said Deputy Public Defender Bob
Semnar, Mary Bunn's attorney. “The District Attorney's position is that they were operating it, but there has been no evidence presented they were actually seen in the grow room at any point.”

Tim Liebaert, William Bunn's attorney, said the set-up was no different than others viewed as legal by the state.

“One of the problems in the law is you can come out and hire a whole warehouse to grow marijuana, but the owners of the warehouse don't have to be in the cooperative, they don't have to have a license,” Liebaert said. “Why are the Bunns any different?''

Yap believes that prosecutors have wasted county money pursuing the case and overcharged the couple on the child endangerment offense. He said his residence was also searched around the same time, but he was not arrested because officers deemed his cultivation center legal.

“It's a waste of taxpayer dollars when we're allowed by law (in the collective) to do what we're doing,” Yap said. “I'd rather see more police out on the street, more firemen, more teachers.”

Speaking on behalf of Deputy District Attorney Greg Garrison, Hall denied the Bunn’s were inappropriately targeted or charged.

The case was initially expected to be tried at the Southwest Justice Center in Murrieta, but was instead sent to Palm Springs.

City News Service contributed to this story