Unlicensed "Naturopath" Arrested in Utah


David Eugene Pontius, a Canadian who periodically visited Utah to see patients is being prosecuted for practicing medicine or without a license, which is a third-degree felony. According to court documents: (a) Pontius allegedly treated a Utah woman who had breast cancer and died in October 2004; (b) his methods included a "muscle test," a "body scan" device, and homeopathic products; and (c) he also advised the woman to eat apricot pits and have her amalgam fillings removed. (The muscle test and "body scan" have no diagnostic value.) The documents below describe her husband's observations and a visit made to Pontius by an undercover investigator. An article in the Salt Lake City Tribune indicates that Pontius applied for a naturopathic license in 1997 but was turned down because he lacked appropriate qualifications.


IN THE FOURTH DISTRICT COURT OF UTAH COUNTY
STATE OF UTAH


STATE OF UTAH,

Plaintiff,

vs.

DAVID EUGENE PONTIUS,
DOB: 3/25/1943

Defendant.

:

:

:

:

;

INFORMATION

Case No. 041404455

Judge Laycock


KAY BRYSON, Utah County Attorney, State of Utah, accuses the defendant(s) of the following crime(s):

COUNT 1: UNLAWFUL CONDUCT OF PRACTICING MEDICINE WITHOUT A LICENSE, a third degree felony in violation of Utah Code Ann. §58-1-501(1)(a) and 58-67-501, in that DAVID EUGENE PONTIUS, on or about June 2, 2004, in Utah County, Utah, practiced or engaged in, represented oneself to be practicing or engaging in, or attempted to practice or engage in any occupation or profession requiring licensure under this title when:

(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary, or inactive license.

COUNT 2: UNLAWFUL CONDUCT OF PRACTICING MEDICINE WITHOUT A LICENSE, a third degree felony in violation of Utah Code Ann. §58-1-501(1)(a) and 58-67-501, in that DAVID EUGENE PONTIUS, on or about September 16, 2004, in Utah County, Utah, practiced or engaged in, represented oneself to be practicing or engaging in, or attempted to practice or engage in any occupation or profession requiring licensure under this title when:

(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary, or inactive license.

COUNT 3: UNLAWFUL CONDUCT OF PRACTICING MEDICINE WITHOUT A LICENSE, a third degree felony in violation of Utah Code Ann. §58-1-501(1)(a) and 58-67-501, in that DAVID EUGENE PONTIUS, on or about November 11, 2004, in Utah County, Utah, practiced or engaged in, represented oneself to be practicing or engaging in, or attempted to practice or engage in any occupation or profession requiring licensure under this title when:.

(i) not licensed to do so or not exempted from licensure under this title; or
(ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary, or inactive license.

Information is based on evidence provided by: Lt. Jeff Robinson, Utah County Attorney's Office.

Defendant appears by: Summons ( ) Warrant (X) In-Custody ( )

/s/ Carlyle K. Bryson
UTAH COUNTY ATTORNEY
November 15, 2004

__________________________________
DEPUTY UTAH COUNTY ATTORNEY
JASON SANT




IN THE FOURTH DISTRICT COURT OF UTAH COUNTY
STATE OF UTAH


STATE OF UTAH,

Plaintiff,

vs.

DAVID EUGENE PONTIUS,
DOB: 3/25/1943

Defendant.

:

:

:

:

;

AFFIDAVIT IN SUPPORT OF
WARRANT OF ARREST

 

 

Case No. 041404455


STATE OF UTAH        

COUNTY OF UTAH

I, Noel L. Taxin, having been duly sworn on oath, do hereby swear and affirm as follows:

I, NOEL L. TAXIN, being first duly sworn, states as follows:

1. I am an Investigator, employed by the State of Utah, Division of Occupational and Professional Licensing. I am also a certified special function peace officer in the State of Utah.

2. On August 20,2004, our office received a complaint from Jay Shepherd. He reported that David Eugene Pontius and Francis Perry were diagnosing and treating Diane Shepherd, his wife, for breast cancer. The treatments took place at 3907 N. Foothill Dr., Provo, Utah, which is the residence of Ms. Perry. These treatments were given from May of 2004 through October 20, 2004. Ms. Shepherd died of breast cancer on October 20, 2004. The allegations were that Mr. Pontius and Ms. Perry were engaged in the unlicensed practice of medicine or naturopathic medicine, both of which are a felony of the third degree.

3. Through this investigation I learned that Ms. Shepherd had been diagnosed with stage me breast cancer by her family physician, Dr. Terrell Thomson, MO, in early April of 2004. Her surgeon, Dr. Teresa Reading, MD, scheduled her for surgery to remove two malignant lumps; one lump under her right arm and the other in her right breast. However. Ms. Shepherd refused the surgery and chose to be treated with alternative medicine by Mr. Pontius, Ms. Perry and others instead. The alternative treatments by Mr. Pontius began in May of 2004 and continued until her death on October 20, 2004. These methods included obtaining a medical history, assessing a human condition using a technique identified by Mr. Pontius as a Kinesiology Test (Note - This test is often referred to by Pontius as a "muscle test"), assessment of the human condition using a body scan device known as Body Scan 2010, treatment with a device known as a Rife Machine, an Oscillator Machine and chiropractic adjustments.

4. I searched the professional licensing records of the Division of Occupational and Professional Licensing for any professional license involving David Eugene Pontius and Francis Perry. I found that the Division on July 23, 1997 denied Mr. Pontius a license to be a Naturopathic Physician. I determined that they have never held a professional license of any kind in the State of Utah. Therefore, Mr. Pontius is not licensed to diagnose, prescribe or treat a human ailment in the State of Utah, nor is he a licensed chiropractor.

5. In May of 2004, Ms. Shepherd visited Mr. Pontius to be treated. She came home with many homeopathic remedies. Mr. Shepherd did not go with her on this visit. Among the items she was encouraged to purchase was a bag of apricot kernels. Mr. Pontius told her that apricot kernels helped to heal her cancer. Ms. Shepherd was assured that the remedies in coordination with treatments from the Rife and Oscillator Machine would help heal her body of the cancer. According to Mr. Shepherd, Mr. Pontius discouraged Ms. Shepherd from being treated by her oncologist who prescribed chemotherapy.

6. In June of 2004, Ms. Shepherd had a CAT scan. Dr. Thomson told her that the cancer had spread and that various organs in her body were now affected. Mr. Pontius also examined her during this month. Ms. Shepherd was experiencing pain in her arms and Mr. Shepherd asked Mr. Pontius if the tumors were causing restricted blood flow to her arms. Mr. Pontius told him that the pain in her arms was due to a "rib head" being out of alignment. He then performed chiropractic services for approximately forty-five minutes on Ms. Shepherd's rib by attempting to manipulate the rib in order to relieve the pain. The manipulation relieved the pain for approximately one hour and then it returned more painful then ever. Mr. Pontius also performed a procedure called "muscle testing" in order to diagnose Ms. Shepherd's health. Mr. Pontius had Ms. Shepherd stand up and place her left arm out to the side. He touched one of her teeth with a tongue depressor and asked if the teeth were harmful to the body (Note - The patient is not supposed to verbally answer the question. The answer to the question comes when the left arms stays up or goes down.) He then pushed the left arm and it went to her side. Because the left arm dropped to the side, Mr. Pontius concluded that under two of her teeth she had gangrene and under two other teeth she had mercury poisoning. He told Ms. Shepherd that her infected gums and teeth were the basis of her cancer. Mr. Pontius referred Ms. Shepherd to a dentist in Ogden, Utah by the name of Dr. Hendricksen who could help her with her teeth. On June 23, 2004, Mr. and Ms. Shepherd met with the dentist. He evaluated Ms. Shepherd and told her that she did not have gangrene nor mercury poisoning under the four teeth as Mr. Pontius had diagnosed. The dentist explained to Mr. Shepherd that Mr. Pontius refers a lot of clients to him and often his diagnosis is inaccurate.

7. Tn July of 2004, Ms. Shepherd visited Dr. Wendy Breyer, MO, an oncologist and breast cancer specialist. Dr. Breyer told Ms. Shepherd that if she didn't receive medical treatment immediately that she would die by October. She refused the medical treatment expecting the cancer to go away. Also during July, Mr. Shepherd went with Ms. Shepherd to Ms. Perry's residence far further cancer treatment. Mr. Pontius was not in Utah at the time. Mr. Shepherd observed Ms. Perry placing electrodes from the Body Scan 20 I 0 machine on Ms. Shepherd's head. This machine was located in one of the basement bedrooms and was attached to a computer. At the conclusion of the body scan, Ms. Perry reviewed with Ms. Shepherd the results of the scan on the computer. Later Ms. Perry gave her a 67 page readout that outlined the results of the scan.

8. In September of 2004, Ms. Shepherd visited with Mr. Pontius in Provo, Utah. Ms. Shepherd's daughter, Jill Grammar-Williams, was a witness to these procedures and the entire discussion. Mr. Pontius. again performed a procedure called "muscle testing" in order to diagnose Ms. Shepherd's health. Mr. Pontius had Ms. Shepherd stand up and place her left arm out to the side, He touched a part of her body and then pushed the left ann. This time the left arm did not go down to Ms. Shepherd's side. Mr. Pontius concluded that she no longer had the mercury poisoning nor the gangrene under her teeth. At this point Ms. Shepherd was in a lot of pain and the tumors were visible on her arm. Ms. Shepherd was told by Mr. Pontius that her ailments had to get worse prior to healing.

9. In October of 2004, I called Mr. Pontius's business office located in the State of Arizona. I spoke with a receptionist who identified herself as "LaNae." During the conversation, LaNae told me that Mr. Pontius could help me with a lot of medical issues. I told her that [ had been diagnosed with cancer. LaNae told me that Mr. Pontius has helped a lot of people with cancer saying, "a naturopathic doctor [such as Pontius] cures the body, whereas a regular doctor cures symptoms. She told me that at the Utah site, they [Pontius and Perry] offer a body scan which identifies ailments. This scan is conducted by Ms. Perry and interpreted by Mr. Pontius, She said Mr. Pontius has helped a lot of people with cancer, and that he does not support chemotherapy because it kills both the good and bad cells, and makes people sick.

10. I asked what examinations would be performed. LaNae told me that they would do a history, a chiropractic adjustment, perform Kinesiology tests and, if necessary, analyze my body with a body scan and then develop a treatment plan.

11. On November 11, 2004, Lloyd Hansen, DOPL Investigator and I, went to my scheduled appointment with Mr. Pontius at Ms. Perry's residence, located at 3907 N. Foothill Dr., Provo, Utah. Mr. Pontius met with Mr. Hansen and I in the basement of the northeast bedroom / treatment room. Mr. Pontius reviewed my personal contact information and placed this information in a manila chart. He copied the oncologist assessment from Dr. Wendy Breyer and placed the document in the chart. When I was with Mr. Pontius r observed other charts located in the kitchen just outside of the bedroom. These charts were stored in approximately three clear [Tupperware] boxes. These [Tupperware] boxes appeared to contain the same kind of charts that he created for me. The people working with Mr. Pontius were in this area coordinating services and treatments. After reviewing my contact information and discussing the history of treatments that would cure my cancer, Mr. Pontius requested me to stand up and he performed a "muscle test" on me. During this test, Mr. Pontius requested that I not speak while he asked my body questions and he would then press on my left arm. Mr. Pontius explained that my arm would reflect my body's answer to an organ or systems weakness. Mr. Pontius tested many of the organs and systems of the body. He found weakness in my colon and auxiliary lymphatic node on the right side. Mr. Pontius explained that toxins from my colon moved up to my auxiliary lymphatic area creating an environment for my cancer to grow and flourish. Towards the conclusion of the assessment I inquired about the next time he would be in town. Mr. Pontius responded that he will not be back in town for a least two months. He stated that he was licensed in Canada and a variety of U.S. States as an naturopathic physician. He continued to explain that since 1997, he had applied but has been denied licensure from the Division of Occupational and Professional Licensing in the State of Utah. He said further that the State of Utah required an exam that none of the other states required and therefore would not acknowledge his experience and education, He justified his assessment, diagnosis and recommendation for treatment for me as a consultation versus practicing medicine. The fee for Mr. Pontius services was $120.00. Mr. Pontius recommended $400.00 worth of remedies to heal my cancer.

12. Based upon the information above, there is probable cause to believe that David Eugene Pontius violated Section 58-1-501(1)(a)(1), and 58-67- et. aI., Utah Code Annotated, in that he unlawfully practiced medicine on Ms. Shepherd numerous times by examining, diagnosing, and prescribing without a license, a third degree felony. He also practiced medicine when he examined and diagnosed me.

13. Mr. Pontius lives out of the country in Quesnel, BC, Canada and comes into Utah once a month to unlawfully practice medicine. I therefore request a warrant for his arrest.

DATED this 15 day of November, 2004

___________________________
NOEL L. TAXIN
AFFIANT

This page was posted on November 23, 2004.

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