An Arizona state senator involved in an apparent freeway-shoulder scuffle with his girlfriend was not detained because he has immunity from arrest while the legislature is in session, police said.
Officers in Phoenix who were called to investigate a reported altercation found that both Sen. Scott Bundgaard and his girlfriend, Aubry Ballard, had marks suggesting a physical dispute, police spokesman Sgt. Tommy Thompson said.
Bundgaard, a Republican and the state senate's majority leader, was allowed to go -- although prosecutors will review the case and could later file charges, Thompson said. Ballard was arrested on suspcion of misdemeanor assault and taken to jail.
Arizona's constitution says legislators are immune from arrest "in all cases except treason, felony, and breach of the peace" and allows them immunity from civil process while the legislator is in session.
Phoenix police said they will submit the case to the city attorney's office for review, Thompson said.
In his statement, Bundgaard said he will not hide behind his privilege.
"I waive any and all 'immunity.' If I did something wrong, charge me," he said.
He them went on to say he had immunity...
Officers in Phoenix who were called to investigate a reported altercationfound that both Sen. Scott Bundgaard and his girlfriend, Aubry Ballard, had marks suggesting a physical dispute, police spokesman Sgt. Tommy Thompson said.
Sounds like if one gets arrested, the other should too. I don't understand why he would have immunity just because they are in session. I would imagine that if neither are willing to press charges that it's going to go nowhere.
Answer by QuinnMae at 3:43 PM on Mar. 1, 2011
I don't understand why he would have immunity just because they are in session.
Quinn, The AZ constitution is just that vague in this particular matter... The definition of "in session" needs to be clarified for future incidents involving politicians....
Answer by grlygrlz2 at 3:47 PM on Mar. 1, 2011
Ohhh and to answer the OP's question of, "Should he be immune from domestic battery charges?"
Being immune from batter charges isn't even an issue.. If one were to read the AZ Central link, they would clearly see: "The immunity was not a "trump card," Thompson said. "The only thing it did was not allow him to be booked into jail." ..."Thompson said although Bundgaard was not arrested Friday "it does not mean that he will not face those charges."
Answer by grlygrlz2 at 4:11 PM on Mar. 1, 2011
Wow Sweet, so a fox news link is OK if it's about a republican getting in trouble. I got it.
And you also left out this teeny little quote "If I'm guilty of something, they should charge me, and the constitution provides them with the ability to charge me if I have done something wrong," Bundgaard said.
Apparently he isn't claiming immunity. At least not according to the fox news link.
Answer by DSamuels at 4:23 PM on Mar. 1, 2011
Are you talking about 1988? When~ "Brewer was released because, according to the arresting officers, she was protected from arrest by her status as a lawmaker in session. Brewer did not ask for immunity, nor did she mention that she was a senator, according to reports"
Answer by grlygrlz2 at 4:25 PM on Mar. 1, 2011
Answer by grlygrlz2 at 4:26 PM on Mar. 1, 2011