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2 Bumps

Abuse of power? Should he be immune from domestic battery charges?

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...

Answer Question
 
sweet-a-kins

Asked by sweet-a-kins at 3:40 PM on Mar. 1, 2011 in Politics & Current Events

Level 34 (67,502 Credits)
Answers (33)
  • Bundgaard told MyFoxPhoenix that he acted in self defense when Ballard began throwing his things out of the car, punching him and trying to get into the driver's seat when he stopped alongside a state road.


    Police said when they showed up, Bundgaard was pulling Ballard out of the car.


    She released a statement Saturday calling the episode the "absolute worst night of my life."


    http://www.foxnews.com/politics/2011/02/27/arizona-state-senator-given-immunity-girlfriend-arrested-domestic-dispute/


     


    An off duty cop witnessed the altercation and called the police.

    sweet-a-kins

    Comment by sweet-a-kins (original poster) at 3:41 PM on Mar. 1, 2011

  • 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.

    QuinnMae

    Answer by QuinnMae at 3:43 PM on Mar. 1, 2011

  • Scott Bundgaard, the majority leader of the Arizona state Senate, was briefly taken into custody on suspicion of domestic violence Friday but was released because he was immune to arrest under rules of the Arizona state Constitution.


    Thats the issue QM, something happened similiar with Jan Brewer a few years ago


    http://www.azcentral.com/news/election/azelections/articles/2011/02/26/20110226bundgaard-arrest-violencebrk.html

    sweet-a-kins

    Comment by sweet-a-kins (original poster) at 3:46 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....

    grlygrlz2

    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."



    grlygrlz2

    Answer by grlygrlz2 at 4:11 PM on Mar. 1, 2011

  • "The only thing it did was not allow him to be booked into jail."


    That is enough.....you see what it did for drunk driving Jan

    sweet-a-kins

    Comment by sweet-a-kins (original poster) at 4:13 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.

    DSamuels

    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"


     

    grlygrlz2

    Answer by grlygrlz2 at 4:25 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.



    I have used in the past

    sweet-a-kins

    Comment by sweet-a-kins (original poster) at 4:26 PM on Mar. 1, 2011

  • In the Brewer incident, DPS did NOT do their job... So, because DPS did NOT do their job accurately with Brewer, you are ASSUMING they will do the same with this guy? DESPITE both of the incidents being handled ENTIRELY different from the 'get-go'? Ok... You have your mind made up... You obviously are NOT looking to discuss the report/link/or your original OP.... Drama Mama, indeed...
    grlygrlz2

    Answer by grlygrlz2 at 4:26 PM on Mar. 1, 2011

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