Arizona state senator Scott Bundgaard charged after freeway fight

Bundgaard_face_injuries_20110324142304_JPG

Scott Bundgaard with facial injuries on the night of the domestic dispute.
Photographer: Phoenix Police Department
Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 06/10/2011

FIRST ON ABC15 - State Senator Scott Bundgaard is now facing charges in a Phoenix court for his involvement in a high profile domestic dispute from nearly 4 months ago.

According to Bundgaard attorney Mark Goldman, the state senator was served with paperwork Friday on charges of reckless assault and endangerment.

"I can't imagine it's anything but political. I don't believe these charges would have occurred and this would have been forgotten that evening had it become two individuals on the highway," Goldman told ABC15.

Bundgaard's attorneys call the state's investigation "reckless" and call the timing of the city charges ironic because they come on the same day as a special session.

"If they were really that bad one would imagine that these would have escalated to the County Attorneys Office," Goldman said. "At the end off the day there was so much pressure put on them by not just the police but the press."

Prosecutors say the misdemeanor charges come with a maximum penalty of 10 months in jail and $3,900 in fines.

The charges are in response to a February 25th dispute with his now-former girlfriend, Aubry Ballard.

Bundgaard and Ballard were arguing in their stopped car on State Route 51 near Cactus Road when police took them both into custody.

According to a police report obtained by ABC15, officers were responding to an emergency call of a man throwing a female onto the ground.

At that time, according to the report, Bundgaard told officers Ballard threw his suit out the window of the car as he drove down the road.

Ballard told officers Bundgaard threw her cell phone out the window as the two argued.

The report concludes Senator Bundgaard used his right arm in a swinging motion and hit Ballard over her chest. Bundgaard told officers she struck him.

Bundgaard was eventually let out of handcuffs and allowed to go, citing legislative immunity, according to the police report.

Arizona state law allows immunity for members of the legislature unless it is a felony or act of treason.

Ballard was arrested and charged with one count of assault, but those charges were later dropped.

Despite calls from fellow members for his resignation from the Senate, Bundgaard remains in office. He was removed as majority leader, however.

ABC15 reached out to Scott Bundgaard on Friday afternoon, but he declined our request for an interview. Instead, his attorney released the following statement:

Charging Scott with two misdemeanors makes it obvious they have no case and are merely trying to justify whatever time they spent during this extraordinarily prolonged investigation.

‘Reckless’ is a way to describe these charges and this investigation. Scott has maintained his innocence from the outset, even taking a successful lie detector test to reinforce this truth. He will be exonerated

Aubry Ballard released this statement:

The night of February 25 remains painful for me. Not only the assault I suffered at the hands of a man I once loved, but Scott's insistence on blaming others and his failure to take responsibility for his illegal, abusive behavior.

Fortunately, the justice system has decided to hold Scott accountable. I support that decision wholeheartedly.

My thanks go out to the Phoenix Police Department, the city prosecutor's office and the five independent witnesses who spoke out, corroborating the facts of that night. I look forward to putting this awful incident into the past.


 

Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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