Scott Bundgaard's Police Report: Bundgaard Invoked Immunity

scottybundgaard.jpg
The PPD says Bundgaard invoked immunity "several times"

The Phoenix Police Department has released the report on the recent domestic violence incident involving Republican state Senate Majority Leader Scott Bundgaard and his ex-paramour Aubry Ballard.

Perhaps the most contentious issue it addresses is Bungaard's insistence to the media that he did not ask for the legislative immunity granted by the Arizona Constitution, even though the PPD cut him loose while arresting Ballard and hauling her off to the Fourth Avenue Jail.

In the PPD's press release on the matter, Sergeant Tommy Thompson stated the following:

"After being taken into custody, Mr. Bundgaard informed the officers that he is an Arizona State Senator and as such, is immune from arrest, while the legislature is in session, which it currently is.  Based upon Article IV, Part 2, Section 6 of the Arizona State Constitution, Mr. Bundgaard was correct and not arrested at that time however, the case will be submitted to the prosecutor's office for review."

The police report itself backs this statement up. Randall Patterson, one of the arresting officers, writes:

"Since Scott stated that he was a state Senator and that he was in session, my supervisor Sergeant Rodarme #6999 contacted the legal department to verify that information."

Further down, the same officer states:

"Sgt. Rodarme was advised by our on duty legal attorney that under Article 4 of the [Arizona] Constitution that if the Senate was in session and unless Scott committed treason or breach of the peace then he was immune to arrest. It was verified that [the Legislature] was in session."

I called the PPD for clarification. Sgt. Thompson informed me that the PPD is standing behind its initial statement on Bundgaard wanting immunity.

"He asserted [his immunity] several times to the supervisor," Thompson said of Bundgaard.

Indeed, why else would Bundgaard identify himself as a state Senator and tell the cops he was "in session"? Apparently, he knew he had a get-out-of-jail-free card.

The report clearly says that, "Based on Senator Bundgaard's position, he was released."

Bundgaard knew what was going on as they took his girlfriend away. After the fact, Bundgaard said he was willing to waive his immunity. But at the time, he was quite content to take advantage of the privileges of membership in the state Senate.

There's also some other interesting info in the report, which you can read, here.

The struggle between Bundgaard and Ballard was obviously quite physical. According to the report, Bundgaard claims Ballard threatened to jump out of his gold Mercedes and threw his suit out of the car. When he stopped, Ballard jumped out, and he tried to put her back in. Or so he claims.

Bundgaard says Ballard began hitting him in the car. But Ballard states that while driving, Bundgaard "used his right arm in a swinging motion and hit Ms. Ballard over her chest. The strike caused bruising on the left upper chest area of Ms. Ballard. Ms. Ballard stated that he struck her twice."

Ballard admits that she struck him after she had been hit two times by Bundgaard. She also says Bundgaard pushed her out of the car. She told police he pushed her down at least twice, and she sustained scrapes to her right knee and hand.

Regarding Bundgaard, Officer Patterson concludes by stating, "I am requesting that the domestic violence assault charge be submitted on Senator Bundgaard when the [Legislature] is not in session."

Many will be looking to see that exactly that happens.


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35 comments
Traceye
Traceye

Let me understand this...being a state senator in session means you can get away with murder?  Not that is what happend but abuse is close enough.  A crime is a crime no matter who you are.  This is insane!

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lishuzheng

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sungowungo
sungowungo

Wow, this dude needs a SERIOUS beat down! What a joke. Typical bought and paid for politician. Makes me ashamed to even admit I am American.

www.total-privacy.ie.tc

ExpertShot
ExpertShot

Notice the smirk on the guys mug-shot?

XSoldier
XSoldier

Bundgaard simply ripped a page right outta Senate President Russell Pearce's playbook. Beat the wife, girlfriend, etc., claim legislative immunity. She goes to jail, he goes home.

Pearce even supports this cowardly asshole by claiming he's a victim. Pearce you really are mentally unstable. You're a known wife-beater.

As a Southern gentleman, Bundgaard would get his ass handed to him if I ever had my way......... 6 months in the MCSO shurf's jails, plus a $2500 fine, anger management, permanent restraining order...

The U.S. Supreme Court has already ruled that legislative immunity applies exclusively to civil cases, not criminal ones. This dumbass should face some serious criminal charges, and resign from the state Senate.

trihard
trihard

Any man who would commit a violent act on a woman should not be in the state legislature. There is absolutely no excuse for his actions, and then to tell the PPD that he is immune to arrest is beyond the pale. At the very least the senate Republicans should remove him from any leadership position and not defend his actions as Sen. Pearce has done.

Ross
Ross

They were such nice people no one asked them to take a Breathalyzer test.

Andy
Andy

The cops got it ALMOST right, Article IV, Part 2, Section 6 says that a lawmakers is immune from arrest in all cases except, "...a felony, treason or breach of the peace.". It seems that this fracus could be charged as a felony, aggravated assault or maybe a breach of the peace and he could have been arrested or as PPD says a misdemeanor domestic violence charge. In any case he is NOT immune from prosecution so it will be interesting to see if any charges are filed.

vimiis
vimiis

Pearce has already stated the state senator did nothing wrong. Pearce says he feels sorry for him. What would you expect from a man who alledgedly beat his wife. This senator will no doubt walk..............

Tommy Collins
Tommy Collins

Ms. Ballard has stated she has not spoken to Bundgaard since the incident and has no plans to. This means there is very little chance for reconciliation before the end of the current legislative session, so it's likely Bundgaard won't be able to cut a deal to avoid charges before then. His only hope at this point is to get Ms. Ballard to attend a counseling session with him to repair their hurt feelings. "Hell has no fury like a woman scorned".... Methinks Ms. Ballard may have been scorned.

Coz
Coz

What a punk Bundhole is.

BundgaardthePieceofShit
BundgaardthePieceofShit

Piece of shit is all he is, but then again, all the politicians in Arizona are pieces of shit that just float along fucking tax payers every chance they get.

Pit Boss
Pit Boss

This guy, like seemingly every other state senator in AZ, is a complete douche. Only a cowardly piece of shit would let his girlfriend get arrested and use his legislative immunity to get out of going himself. Total fucking asshole.

I think it should have been a red flag that his first marriage was annulled by his then-wife RIGHT AFTER THEY GOT BACK FROM THE HONEYMOON! There's a darkness behind those crocodile tears. I hope this girl sues his loser ass and reveals the truth.

Also, kudos to Officer Patterson for keeping on this case until after the sessions are finished. Let's hope this asshole gets his due.

Shocked
Shocked

Isn't the Right to Defend oneself justifiable even if you are defending yourself from a State Senator? And if our State Senator is hitting girlfriends and throwing her out of the car on Highway closed to pedestrians how is he up holding the constitution of this nation, and laws of this State a thing he has recently stood up at the Capitol and was sworn in to do?

JC
JC

Little man bund is what we in the south call a toad sucking son of a porcupine and his most important job right not is to GROW A PAIR,  because he obviously wears pants that are made for a COWARD.

Chad Snow
Chad Snow

Daniel, Pearce beat two of his wives. Does that make him a double moron?

Coz
Coz

Instead, being Pearce's kind of guy, Buttgaard will be made VP of the Senate,

Chad Snow
Chad Snow

Which wife of Pearce's are you talking about? The one who he beat down the door to her apartment or the one who swore an affidavit that he was "possessed of a violent temper" and "had at times struck" her? I just need you to clarify which abused wife of Pearce's you are referring to.

It would be quite hypocritical for Russell to condemn Mr. Bundgaard, wouldn't it?

Jcbernick
Jcbernick

I think you might just be as much of a looser and bottom feeder that he his, to be able to even think there is one iota of clarity to your twisted way of thinking;;  Now tell the truth,   

AZGregory
AZGregory

If by scorned, you mean smacked around and had her cell phone thrown out the window when she tried to call for help, then yeah, it looks like she was scorned.

Johnny Skee Mask
Johnny Skee Mask

Unfortunately, she also stated that she "forgives him" for what he did. I'm not implying this is wrong. But I think its a sign that she still loves the guy, regardless. I think Ms. Ballard should move on. The guy is clearly a jerk and he has shown this to the entire world.

Move on Ms. Ballard. You are too good for that abusive woman beater--Mr. Bundgeard.

Steve Muratore
Steve Muratore

He won't get his due. Likely the only thing that he would have faced anyway is an overnight stay in the pokie and he obviously talked his way out of that.

AZGregory
AZGregory

Let's hope someone has found Ballard's cell phone on the freeway where she says Bungtard threw it out the window. If so, I think he is going to have a hard time keeping up his bogus story about why he stopped in the freeway median (because she was tossing his clothes out the window). If he was driving and she was tossing things out the window, they'd be on the outside lanes or the shoulder. He stopped on the median inside the HOV lanes. Doesn't that tell you it's more likely than not that she is telling the truth and he was going back for her cell phone? And who the hell but a drunk stops their car in the left shoulder inside the HOV lane??? That is bizzarre behavior. Sounds like he knew he had screwed the pooch when he tossed her phone and was trying to undo the damage as much as possible and she wasn't buying it. No good reason for anyone to stop on the left side of the 51 friggin freeway unless it is an emergency like a blown tire-- you pull over on the right side. Your girlfriend freaking out and smacking you and tossing you clothes out the window (if that's your story) is not the kind of emergency for any sane or sober person to pull over in the HOV median. It always sounded like something was missing from the story when Sen Bungtard told it. When you heard Ballard's version, it made much more sense. Not saying she was not raving and not guessing who started the fire, just saying no way it happened like the press release that came out from our chilvalrous Senator while Ballard was still in jail.And no breathalizer or blood alch test?? Jan Brewer must have left behind a notebook on beating DUI for the legislative immunity section of the new legislator training manual because it worked like a charm once again.

Tommy Collins
Tommy Collins

Shocked, a situation like this puts law enforcement officers in a no win situation. Unless at least one impartial witness can say who 'shouted' the first time, and who struck the first blow or laid hands on the other, police officers have to go by physical evidence. Apparently there was evidence in this case that each party had injuries, however slight. Domestic violence laws in most states now direct officers to collect evidence and charge all parties involved. The desired result is that the main aggressor will be identified at or before trial and appropriate counseling (anger management etc) can occur to minimize the likelihood for a repeated action of this type.

XSoldier
XSoldier

Yup. In fact I think he already is Senate Veep.

Steve Muratore
Steve Muratore

I'm NOT justifying what he did or suggesting he should have been able to squirm his way out of it...

John Meyer
John Meyer

If there is a main agressor (either one). Could be a dual battery situation. If Bundgaard is guilty then yes, charge him, but let's not let disdain and hatred of the GOP blind us to a full investigation.

Shocked
Shocked

My experience as an advocate for victims of domestic violence is court appointed anger management doesn't work and really just empowers the perpetrators with language tools to get off the next time when they beat their partners. The solution lies in changing the laws of the state to go after the perpetrators. Not arresting the victims, not arresting who ever drew 1st blood. Focus on the person who is in power and control and using that to cause physical and emotional harm. Educating police to recognize power struggles would be a start. Yes, police have a difficult job, They are also high on the FBI list of professions with a high statistic of Domestic Violence Perpetrators, as they often have issues with power and control. I have found that often the Police side with the perpetrators and arrest the women for defending herself and her children. Not all police are perps themselves but it does happen.

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