Theater shooting victim's estranged wife sues James Holmes' psychiatrist Dr. Lynne Fenton, CU

Jonathan Blunk's estranged wife files suit

AURORA, Colo. - The estranged wife of a victim killed in the Aurora theater shooting is suing shooting suspect James Holmes' psychiatrist and school.

Jonathan Blunk, a father of two and Navy veteran, died in the shooting after he pushed his girlfriend, Jansen Young, under a seat, saving her life.

CALL 7 Investigator John Ferrugia previously reported that University of Colorado psychiatrist Lynne Fenton had told a university police officer that she was concerned because Holmes had been talking about killing a lot of people. 

The lawsuit filed by Blunk's wife echoes this information.

"Upon information and belief, James Holmes told Defendant Fenton on June 11, 2012, that he fantasized about killing a lot of people," it reads.

Ferrugia reported that Dr. Fenton was so concerned about the potential threat that she broke her doctor-patient confidentiality, giving police Holmes' name so the officer could run the criminal background check. 

Holmes had no criminal background or any history of violence. 

In one of the calls, sources told Ferrugia, the CU officer asked Fenton if she wanted Holmes detained for a 72-hour mental health evaluation.  As his psychiatrist, she could order such a hold.

The officer had no legal reason to order such a hold herself, and sources say she had deferred to the doctor's judgment.

Fenton told the officer that Holmes had put in his notice that he was withdrawing from the university, according to sources familiar with the investigation.  Fenton noted that the hold was not necessary, in part, because Holmes was leaving the campus anyway, sources told Ferrugia.

"Upon information and belief, there was no further action taken by Defendant Fenton to warn or otherwise stop James Holmes from killing Jonathan Blunk on July 20, 2012," the lawsuit says.

Blunk moved to Colorado in 2009 after separating from his wife, Chantel, and moved to Colorado, where he worked for a hardware store. He had two young children with his wife, a girl, 4, and a boy, 2.

Attorney Nicholus C. Palmer of Reno, Nevada, from The Law Firm of Laub & Laub filed the lawsuit on behalf of Chantel Blunk. It requests at least $75,000 for negligence on the part of Fenton, the same amount for wrongful death and the same amount for negligence on the part of the university.

CU issued a statement on Tuesday that read, "The University of Colorado Denver has nothing but sympathy for the victims of the Aurora Theater Shooting and their families, but in our initial review of this case, the University believes this lawsuit is not well-founded legally or factually. " 

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