‘Legislative Immunity’ Spares AZ State Senator in Bizarre Girlfriend ‘Assault’ Case
- Posted on February 28, 2011 at 1:50pm by
Mike Opelka
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Perhaps the most bizarre story of the weekend came from Arizona where state Sen. Scott Bundgaard avoided spending a night in jail after a roadside fight with his girlfriend, thanks to something called “legislative immunity” provided to elected officials while they are “in session.”
For those not familiar with this privilege, here are details from the Arizona Constitution:
Members of the legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session. (Article IV, part 2, section 6.)
Republican Sen. Scott Bundgaard and his girlfriend, Aubry Ballard, were driving home from a charity event and like many couples, got into an argument. A statement from Mr. Bundgaard claims:
Upon leaving the event I was accused of inappropriately touching my dancing partner, in front of my parents and family mind you, and she proceeded to throw my clothes and other things out of my car on a freeway as I took her home. I stopped on the freeway to retrieve these items. As I was doing so my girlfriend yelled that she was going to take my car and moved into the driver’s seat. I immediately returned to the car and asked her to get out. She refused. I had no choice but to pull her from the driver’s seat which resulted in marks on her knees. I had also had no choice but to stop her from punching me and risking highway safety, all of which resulted in a black eye for me and a busted lip (photos available upon request). The authorities arrived as I tried to retrieve my belongings from the highway.
The police did arrive on the scene and saw marks on both parties, evidence of a physical confrontation. Mr. Bundgaard was sent home because, as police claim, he invoked his “legislative immunity.” Ballard, however, spent the night in jail, charged with suspicion of misdemeanor assault and had time to put together a statement of her own:
“To go from putting on a beautiful dress for a great date to a fundraiser to ending up on the side of a freeway? I don’t have another tear left to cry,” she said. “I’m still trying to get my mind around a few things: Scott’s actions, the 17 hours I spent in jail awaiting processing, my bruises, scrapes and soreness and his statements to the media.”.
Senator Bundgaard wanted to get in front of the story so he reached out to local media:
Late yesterday, both Ballard and Bundgaard issued a statement together:
“We want to jointly apologize for allowing a private matter to interrupt the public — and especially for taking up the valuable time of law enforcement. The police officers who responded deserve thanks for their sensitivity and compassion.”
I wonder if Ms. Ballard considers her 17 hours behind bars as a compassionate response? And regarding “taking up the valuable time of law enforcement” — Senator Bundgaard should consider how many women are relieved when police arrive to protect them from a physically abusive spouse as a “private matter” spills out into the public space.
After invoking his Legislative Immunity (according to the police), Bundgaard has included the following in his statement:
I waive any and all ‘legislative immunity.’ If I did something wrong, charge me.
We will follow this story and update as needed.
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Comments (91)
ed0315
Posted on February 28, 2011 at 4:18pm” Senator Bundgaard should consider how many women are relieved when police arrive to protect them from a physically abusive spouse as a “private matter” spills out into the public space.” Am I reading this statement wrong or does this sound slightly biased against the man in the argument? As someone who has been caught in our fine domestic judicial system I can list numerous times I have been kicked, punched, hit, bit, had things thrown at me, articles of our house broken and many of my personal items destroyed by a lunatic ex-wife.
Report Post »DevotedDad
Posted on February 28, 2011 at 4:06pmThis is no different than the “Judicial Immunity” that is given to family court officials and lawyers who are destroying the lives of parents all across the world.
You can’t prosecute them…
You can’t sue them….
And of course as a result…
You cannot expect anything except corruption to follow.
Report Post »ThmsMgnm
Posted on February 28, 2011 at 4:02pmIf the story is as claimed the State Senator needs to pull the eject handle and separate himself from his girlfriend before he wakes up dead one night.
As for claiming legislative immunity, I am not a fan of any such immunity and I think the State Senator has some more explaining to do, mostly to his family and his constituents.
Report Post »WeTheHomers
Posted on February 28, 2011 at 3:22pmWhy is it that most of the girls good in the sack are crazy?
Report Post »hauschild
Posted on February 28, 2011 at 3:31pmYeah, kinda makes a guy think twice, huh?
Report Post »Waltermelon
Posted on February 28, 2011 at 3:07pm“Rowgue
Posted on February 28, 2011 at 2:07pm
It wasn’t their private lives. They were arguing, throwing items from a car on a freeway, and physically assaulting one another on the side of the freeway. They were disrupting and endangering everyone else on that freeway.”
No, they were providing free entertainment.
Report Post »rmblount
Posted on February 28, 2011 at 2:55pmAnother politician escaping jail time. Why they get away with crimes that send the rest of us to jail?
Report Post »Disgusting!
hauschild
Posted on February 28, 2011 at 2:41pmI think this can be explained fairly easily: How old is the girl in question? If she’s young(er), well, we all know how kids are today, what with the Real World, Jersey Shore, etc.
Report Post »heavyduty
Posted on February 28, 2011 at 2:36pmNO, Doubt About It!!! He needs to get another girlfriend.
Report Post »ALibertarianCitizen
Posted on February 28, 2011 at 2:36pmGuys you seem to miss the point.
A. His girlfriend threw his possessions out of his car.
a. could be considered stealing, and definitely littering.
B. Once he stopped to get his things back, she threatened to steal the car, and tried to steal the car.
b. That’s grand theft auto; it’s his car not hers.
C. He’s being hit and injured.
c. That’s battery.
I wouldn‘t have done anything he didn’t do, and I would have already told her to wise up or it’s over. She doesn‘t own him or his stuff and she threw a little temper tantrum and thought she’d get her way. Honestly if his story holds up I see no crime he committed, unless self-defense is a crime.
The only thing I don‘t like is that he willfully touted he couldn’t be arrested. He shouldn’t have to be arrested and indicted for anything, but he should of cooperated and acted as if you or I were there.
Report Post »hauschild
Posted on February 28, 2011 at 2:42pmAnd, B-I-N-G-O was his name, Oh!
Report Post »13th Imam
Posted on February 28, 2011 at 3:10pmAnd A. The union thug ran up behind the reporter and whacked him
a. That’s assault
B . The union thug ripped the camera from him the camera to the
b. That’s theft
C. The union thug threw the camera to the ground
c. That’s littering
And if it was you or I we would have been arrested.
Report Post »UlyssesP
Posted on February 28, 2011 at 2:29pmCrazy woman. Dump her dude.
Report Post »loggs14
Posted on February 28, 2011 at 2:26pmI think the law is silly, but is been there a long time and its up to them to change it…
Seems pretty obvious she is a nut job…. thowing his stuff out the window…. the trying to steal the car…. hello…. she needs some help, he needs to rethink his relationship while in office, goober!
Report Post »Warphead
Posted on February 28, 2011 at 2:20pmUnder no circumstance should you ever come to a conclusion without first hearing both sides of the story. Things are not always what they seem.
Report Post »ed0315
Posted on February 28, 2011 at 4:22pmWell said. Something a lot of people who are responding to this seem to be missing.
Report Post »Showtime
Posted on February 28, 2011 at 2:19pmSelf control is what separates us from animals.
Report Post »Arc
Posted on February 28, 2011 at 2:18pmJust how ” far-reaching” can legislative immunity become? “‘In Session”must be an arbitrary period of time that is invoked for the convenience of legislators. Sure, the legal meaning of “legislative immunity” applys to that period of time when the citizens business is being tended to by their elected officials. Now lets consider legislative immunity for the “Wisconsin 14”. I know I know, “context” but consider this. Non of the politicians involved, whether Az or Wis, were tending the citizens business.
Report Post »The Az legislator had been to a party and the Wisconsin 14 were having a party . What is the difference? answer; 13.. All legislators involved have made a mockery of justice under the childish guise of a “temper tantrum”
BruceB
Posted on February 28, 2011 at 2:16pmWhat he did wasn’t dumb. The dumb part would be for him to hook back up with her.
Report Post »trolltrainer
Posted on February 28, 2011 at 2:09pmI don’t know…His story rings more true to me. If it is then I commend his restraint as he only grabbed her legs to keep her from stealing his car and he suffered a black eye and busted lip in the exchange.
In any case, maybe better discernment for both parties in the future…But hardly worth any legal actions…
Report Post »Rowgue
Posted on February 28, 2011 at 2:20pmHis story is irrelevant. Anyone else in that situation would have been arrested. All the officer knows when he shows up is that two people are fighting and yelling with items from their vehicle strewn about the road. At a minimum you would be arrested on one of the myriad of public nuisance or breach of the peace charges.
Report Post »trolltrainer
Posted on February 28, 2011 at 2:34pmMaybe. I will not argue the validity of the law in question, though I do see the reason why it is in place. It is not a stretch to imagine a political opponent manufacturing a case such as this to keep a representative “occupied” while an important vote is taking place.
But that aside, it is the discretion of the officers on the scene who gets arrested. At least in my state anyway. If his story is obviously true and say she was drunk or unruly then it would not be unusual that she was the one arrested.
I would like to say that I commented after your post in the critical mass story. I initially condemned the driver of the car with little thought…I mean…How obviously reckless can you be? But…After reading your post I looked up Critical Mass and I discovered that there is much more to the story than we were told. Maybe this is also the case here?
Report Post »Paul -Indiana
Posted on February 28, 2011 at 8:42pmIt’s no wonder that the divorce rate in the US is so high if these are typical boyfriend/girlfriend.
Report Post »anunyapete
Posted on February 28, 2011 at 2:04pmThe whole concept of“legislative immunity” is ridiculus. These are suppossed to be citizens no different than you or I, SERVING the rest of us. They ARE NOT “special” and should not be treated that way. I don’t care if we are talking about servants at the local, state or federal level…
Report Post »Rowgue
Posted on February 28, 2011 at 2:14pmThe laws are there to prevent shenanigans. Things like getting people arrested on trumped up charges when important votes were scheduled, which did happen in the past. There is some merit to it, but this incident clearly didn’t fit the criteria for immunity.
Report Post »smithclar3nc3
Posted on February 28, 2011 at 2:04pmShe’s the one the police arrested sounds like he was justified in his actions.
Report Post »Anonymous T. Irrelevant
Posted on February 28, 2011 at 3:16pmThey couldn’t arrest HIM, because he invoked his LEGISLATIVE IMMUNITY. He is no gentleman.
Report Post »katiefrankie
Posted on February 28, 2011 at 5:04pmA.T.I. – I completely agree. Immunity or not, his refusing to take responsibility for his actions gives me the creeps. Why couldn’t this have been a democrat???
Report Post »SheriS
Posted on February 28, 2011 at 2:04pmI would say this dolt deserved everything he received! Good for the girlfriend—the idiot is trying to get sympathy from the public! The dolt proved how ridiculous “the priviliged lawmakers” truly are and a total waste of taxpayer money! Good for the girlfriend!
Report Post »Highland
Posted on February 28, 2011 at 2:18pmOne must question his judgment if he behaves like this with someone he purports to love. How does he behave when doing his taxpayer-funded job? Character counts.
Report Post »ed0315
Posted on February 28, 2011 at 4:20pmWow, what a complete idiotic statement. Obviously you have never had your personal items destroyed or been attacked by a lunatic partner all the while knowing you can’t hit back. The best you can do is protect yourself which btw can leave marks on the person attacking you.
Report Post »bobodu
Posted on February 28, 2011 at 6:19pmSomeone should have questioned his judgment when he received a burglary conviction.
Report Post »CatB
Posted on February 28, 2011 at 2:01pmSo she is locked up and he isn’t…now charge me? After he already invoked immuity so he didn’t have to go to jail … .nice guy .. must be nice to be part of a “protected class” above citizens.
Report Post »TumbleBumble
Posted on February 28, 2011 at 2:19pmI was thinking along the same lines. What a picture that makes – woman gets hauled away while senator uses a loophole to avoid the hassle of spending the night in jail. Very tacky, classless.
Reading the story, you would expect to hear that the two in question were 18 years old.
Report Post »Showtime
Posted on February 28, 2011 at 2:24pmCatB, she started it, not the legislator.
Report Post »CatB
Posted on February 28, 2011 at 3:51pmHe would have been hauled in also … doesn’t matter who “starts it” the police usually take them both in and then sort it out in court .. I have seen cases like this many times in my local papers…
Report Post »Showtime
Posted on February 28, 2011 at 4:35pmYou have a point.
Report Post »bassist237
Posted on February 28, 2011 at 2:00pmDo as I say, not as I do.
Report Post »dawg of gawd
Posted on March 1, 2011 at 9:53amJust another conservative beating on a woman. It’s the Tea Party way!
Report Post »Edgar Bennet
Posted on February 28, 2011 at 2:00pmWish I could invoke immunity if my girl freaked the hell out
Report Post »Rowgue
Posted on February 28, 2011 at 2:00pmUh…that was breach of the peace morons. Immunity doesn’t apply.
Report Post »tobywil2
Posted on February 28, 2011 at 1:58pmBetter to have loved? And lost than never to have loved at all! http://commonsense21c.com/
Report Post »Showtime
Posted on February 28, 2011 at 2:23pmThe woman sounds like she was drunk. She was definitely disorderly.
What else could the legislator have done? NOTHING! Would I have stopped to pick up the things she had thrown out? You bet I would. Getting his hands on the keys might have been problematic, but a charge of auto theft would have been appropriate for her.
I’m on his side.
Report Post »LLATPOH
Posted on February 28, 2011 at 1:58pmIt’ll come down to one thing. He’s got an “R” by his name. Hang him.
If there was a “D” next to his name, it would be insisted upon that we not drill into his private life.
Report Post »cnsrvtvj
Posted on February 28, 2011 at 2:02pmThat seems to be the case in most cases LLATPOH. What a garbage law that is though. Although it didn’t sound like there was much of a crime here, the law in of itself is stupid. If you do the crime, you do the time. Whether in session or not.
http://www.donsmithshow.com – Tea Party News
Report Post »DashRipRock
Posted on February 28, 2011 at 2:05pmWell thank God he wasnt doing anything Crazy
like …SELLING GIRL SCOUT COOKIES
then he would be in JAIL
Report Post »13th Imam
Posted on February 28, 2011 at 2:07pmDon’t care what letter was behind their name. It’s wrong
Helen Thomas, “Mr Legislator, Do you still beat your wife?”
Legislator “Helen, Only when I legislate”
Report Post »Rowgue
Posted on February 28, 2011 at 2:07pmIt wasn’t their private lives. They were arguing, throwing items from a car on a freeway, and physically assaulting one another on the side of the freeway. They were disrupting and endangering everyone else on that freeway.
Report Post »cheezwhiz
Posted on February 28, 2011 at 2:26pmWas the woman tested for drugs after she was taken to jail ?
Report Post »That level of rage needs a bump , a hit won’t do it
nothingbuthetruth
Posted on February 28, 2011 at 2:26pmStories like this I have to do extensive google searches to see if it was a Democrat to find out what political party it was. I say this only because the press in this country likes to highlight when a Repiublican messes up, but if it is a democRat, they dont tell the story, hide in below the fold or omit the D. This media in this country is really messed up.
Report Post »calijohn
Posted on February 28, 2011 at 2:30pmthe gov, brewer, dodged a drunk driving bust the same way.
Report Post »cheezwhiz
Posted on February 28, 2011 at 2:31pm@ nothingbuthetruth
Report Post »For your reading pleasure
http://gatewaypundit.rightnetwork.com/2011/02/wi-state-rep-says-his-sexual-misconduct-charges-are-a-distraction-from-larger-state-issues/
LOOKING_BOTH_WAYS
Posted on February 28, 2011 at 2:32pm“she proceeded to throw my clothes and other things out of my car on a freeway as I took her home.”
geee… was the guy Naked…..lol
Report Post »Snowleopard {gallery of cat folks}
Posted on February 28, 2011 at 3:43pmI have been following this case during the weekend, and I have to believe the state senator of ours here did in fact claim legislative immunity to go scott free. Too many contradictions in his statements show ambiguities, and the fact his girl friend also was arrested and then set free soon after learning who she was with.
Someone is playing favors here, and needs to be dealt with swiftly.
Report Post »ozz
Posted on February 28, 2011 at 3:44pmUnless one partner calls for help, police have no business interfering with a domestic dispute past asking either party if they would like assistance. If there is no one claiming their rights are being violated then there is no victim. No victim = no crime. Disturbing the peace means nothing if no citizen files charges.
Report Post »YOU ARE THE ONES ALLOWING YOUR COUNTRY TO BECOME A POLICE STATE!!!
It gets worse every year.
Soon you will be directed by law how, when, and where to do every thing.
Our forefathers struggled bleed and died for freedom you are not worthy of if you do not fight for it NOW!!
rappini
Posted on February 28, 2011 at 4:07pmIf was a Demorat you would have never seen the “D”.
Report Post »calijohn
Posted on February 28, 2011 at 4:11pmi think the legislative immunity prevents an arrest at the time of the incident, but doesn’t prevent prosecution at a later time.
Report Post »beekeeper
Posted on February 28, 2011 at 4:12pmSnowleopard {gallery of cat folks} – You’ve missed a salient point – the officers on the scene knew who they were dealing with, the Sen. claimed immunity on the scene. And his date was taken into custody after he made clear who he was. She wasn’t released because of who she was with – she was released after she was “processed.”
The point of immunity during legislative session is valid, if arcane – if political opponents could cause their enemies to be arrested on trumped-up charges and avoid a vote, that would be bad. It is very unlikely to happen these days, but our political history is littered with such colorful events…
Report Post »encinom
Posted on February 28, 2011 at 4:15pmWhy is it GOP that run on morality are often caught with their pants down.
Report Post »trolltrainer
Posted on February 28, 2011 at 4:29pmEncinom,
For the same reason that Democrats are also caught with their pants down: We are all human. We are all sinners. Some are better than others but we all have our faults.
In this case though, if the report is true, the only fault I can find with the state senator is his lack of discrimination in date material. But we have all been out with the “winners” in life. I will never forget the wiccan I dated years ago. She got mad when I broke up with her and put a hex or a spell on me. Still waiting for something to happen there…
But you are a troll my man (or woman)! You are not interested in fairness, only in getting your lick in. Just too bad you cannot hook this into Beck somehow…Though I am sure you will soon find something…
Report Post »Showtime
Posted on February 28, 2011 at 4:39pm@encinom
Report Post »Posted on February 28, 2011 at 4:15pm
Why is it GOP that run on morality are often caught with their pants down.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I don’t know, Encinom. Guess Bill Clinton, Jack Kennedy, Ted Kennedy, Barney Franks, et al, could answer your question.
1TrueOne55
Posted on February 28, 2011 at 4:43pmThis should be a private matter between the two parties involved. And after time I am sure that they will move past or not the issue. It reminds me of a time in High School during PE we were learning Square Dancing with the girls PE class and this girl that was a lot shorter than me in the Square came to be my partner during the Dance, your not always with the same dance partner in Square Dancing. And when I went to do the dance hold my right hand accidently went to grab her back and she had not rotated to that point and I ended up having my hand touch her left breast outside of her clothing, I was never able to live that down for at least a week or two…
But we should leave this to the parties to fix not drag it out in the public domain it would make credible news organizations look like the Enquirer.
Report Post »hifi74
Posted on February 28, 2011 at 5:59pmHell, if he had a (d) after his name he could of drove the car into a lake, went home, slept off the buzz, and then call the authorities to tell them he thinks he might of killed a woman. Nah that would never happen would it? Would it?
Report Post »KOCHLEFFEL
Posted on February 28, 2011 at 6:34pmI would have given her (girlfriend) a potch in the tuchis and let her walk home.
Report Post »hifi74
Posted on February 28, 2011 at 7:17pmLet me go on record saying that he should not hit, beat, or anything of that nature on her (although in fairness either should she to him). Maybe they will laugh about this later but maybe you guys should keep the roadside scuffles to fireside chats.
Report Post »Ruler4You
Posted on March 1, 2011 at 6:59amInteresting how law makers always seem to have a way of not being accountable to the same laws the rest of us are bound by, even as they make them.
Report Post »