Now, the Phoenix New Times' Stephen Lemons has posted the police reports related to Bundgaard's fight with his now ex-girlfriend, Aubry Ballard, and those reports show that while Bundgaard has been consistent about blaming the fight on Ballard, citing her "jealousy," a witness' independent recounting of the part of the events that he saw corroborates Ballard's story.
In addition to that, the responding officer recommended that Bundgaard face charges once the legislative session is completed.
Note: According to KPNX's late newscast on Wednesday, charges have been dropped against Aubry Ballard.
I wonder if that development has anything to do with the fact the the independent witness' account most closely resembled Ballard's account, not Bundgaard's.
See below.
From the officers' reports.
First up, Officer Patterson (their ALL CAPS, and most of the typos are theirs, too) -
I ASKED SCOTT WHY HE HAD PULLED OVER ONTO THE SIDE OF THE FREEWAY AND HE STATED THE FOLLOWING. SCOTT WAS OUT AT A CHARITY EVENT WITH HIS GIRLFRIEND OF 8 MONTHS AP1 AUBRY BALLARD AND DECIDED TO LEAVE. IT WAS LATER FOUND THAT AUBRY SPENDS THE NIGHT AT SCOTTS HOUSE ALMOST EVERY WEEKEND. SCOTT WAS DRIVING AUBRY TO HIS PARENTS HOUSE BECAUSE AUBRY HAD LEFT HER CAR PARKED THERE. SCOTT SAID AUBRY WAS UPSET THAT HE WAS DANCING WITH ANOTHER WOMEN DURING THE EVENT. SCOTT SAID AUBRY WAS MAKING STATEMENTS THAT HE DIDN'T LOVER HER ANYMORE AND BEGAN TO YELL AT HIM. SCOTT STATED THAT AUBRY SAID SHE WAS GOING TO JUMP OUT OF THE CAR INTO TRAFFIC AS THEY WERE DRIVING NORTH BOUND ON THE SR-51. SCOTT SAID AUBRY THREW HIS SUIT OUT OF THE WINDOW JUST AS THEY PASSED SHEA BOULDEVARD. SCOTT ALSO STATED THAT AUBRY HIT HIM SEVERAL TIMES IN THE FACE AND TRIED TO GRAB THE STEERING WHEEL AND CRASH THE VEHICLE INTO THE CEMENT MEDIAN. SCOTT STOPPED THE VEHICLE AND GOT OUT TO RETRIEVE HIS SUIT AND WHEN HE WAS RETURNING TO HIS VEHICLE AUBRY GOT OUT OF THE VEHICLE AND CONTINUED TO THROW ITEMS ONTO THE FREEWAY AND TRIED TO PUT AUBRY BACK INTO THE VEHICLE. SCOTT STATED THAT HE WAS A STATE SENATOR. I SAW SCOTT'S RIGHT EYE WAS BRUISED AND HAD A SMALL CUT UNDERNEATH IT. SCOTT'S LIP WAS ALSO SWOLLEN AND HE POINTED TO WHERE THE TOP BUTTON ON HIS SHIRT WAS BUT SAID AUBRY RIPPED IT OPEN AND THE BUTTON FELL OFF. SCOTT ALSO HAD A SMALL CUT UNDERNEATH HIS NOSE ON THE LEFT SIDE OF HIS FACE.Aubry Ballard's story was somewhat different. From Officer Werner's report -
SCOTT WAS PLACED INTO THE BACK OF A DPS PATROL VEHICLE AND AUBRY WAS PLANCE IN ANOTHER ONE. BOTH PARTIES WERE TRANSPORTED OFF THE FREEWAY TO THE PARK PARKING LOT AT 3500 EAST CACTUS ROAD FOR THEIR SAFETY. I DROVE SCOTTS VEHICLE TO THAT LOCATION AS MY PARTNER FOLLOWED ME IN THE PATROL VEHICLE.
UPON ARRIVAL AT THE PARK I PLACED SCOTT IN THE BACK OF MY PATROL VEHICLE AND TOOK HIS HANDCUFFS OFF. 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. AT 2347 HOURS I READ SCOTT HIS MIRANDA RIGHTS AND ADVISED HIM THAT HE WAS NOT UNDER ARREST BUT STILL UNDER INVESTIGATIVE DETENTION. SCOTT REPLIED "YES" WHEN ASKED IF HE UNDERSTOOD HIS RIGHTS BUT SAID HE WOULD NOT ANSWER ANY OTHER QUESTIONS WITHOUT HIS LAWYER PRESENT.
SGT RODARME WAS ADVISED BY OUR ON DUTY LEGAL ATTORNEY THAT UNDER ARTICLE 4 OF THE CONSTITUTION THAT IF THE SENATE WAS IN SESSION AND UNLESS SCOTT COMMITTED TREASON OF BREACH OF THE PEACE THEN HE WAS IMMUNE TO ARREST. IT WAS VERIFIED THAT LEGISLATION WAS IN SESSION.
I CONTACTED W1 RICH MAIOCCO BY TELEPHONE AND HE STATED THE FOLLOWING. RICH WAS ENTERING THE SR-51 NORTH BOUND FROM SHEA BOULEVARD WHEN HE WITNESSED A GOLD COLORED SEDAN PARKED NEXT TO THE CEMENT MEDIAN. RICH SAID HE WITNESSED A MAN PUSHING OR PULLING A FEMALE NEXT TO THE PASSENGER SIDE DOOR OF THE GOLD COLORED SEDAN. RICH ALSO STATED THAT THE FEMALE FELL TO THE GROUND NEAR THE PASSENGER DOOR WHILE THE MALE HAD HIS HANDS ON HER. RICH IS WILLING TO TESTIFY AND CAN IDENTIFY THE MALE AND FEMALE.
OUR INVESTIGATION REVEALED THAT SENATOR BUNDGAARD WAS IMMUNE FROM THIS CRIME. I REMOVED SCOTT FROM THE BACK OF MY VEHICLE AND HIS INJURIES WERE PHOTOGRAPHED BY OFC GRABER #9448. OFC GRABER ALSO PHOTOGRAPHED AUBRY'S INJURIES. BASED ON SENATOR BUNDGAARD'S POSITION HE WAS RELEASED. HIS GIRLFRIEND AUBRY WAS BOOKED INTO 4TH AVENUE JAIL FOR DOMESTIC VIOLENCE ASSAULT. I AM REQUESTING THAT THE DOMESTIC VIOLENCE ASSAULT CHARGE BE SUBMITTED ON SENATOR BUNDGAARD WHEN THE LEGISLATION IS NOT IN SESSION. PLEASE REFER TO OFC WERNER #9412 FOR FURTHER INFORMATION REGARDING AUBRY'S STATEMENT. SCOTT DOES NOT DESIRE PROSECUTION AND WILL NOT TESTIFY AGAINST AUBRY.
ON 022611 AT APPROXIMATELY 2319 HOURS, I RESPONDED AS ONE MAN UNIT RADIO CALL LOCATED ON NORTH PIESTEWA PARKWAY JUST OF EAST CACTUS ROAD ON THE NORTHBOUND SIDE OF THE FREEWAY.New Times coverage here, here, and here.
UPON ARRIVING, I FOUND SP1 SCOTT BUNDGAARD AND AP1 AUBRY BALLARD. FOR THE PURPOSE OF SAFETY, THE TWO SUBJECTS AND THE VEHICLE WERE MOVE TO 11229 NORTH 36TH STREET IN THE PARKING LOT.
UPON ARRIVING, I ASKED AUBRY TO EXPLAIN THE INCIDENT. IT SHOULD BE NOTED THAT MS BALLARD AND SENATOR BUNDGAARD HAVE AN INTIMATE RELATIONSHIP WHERE MS BALLARD FREQUENTLY STAYS THE NIGHT ON WEEKENDS AT SENATOR BUNDGAARD'S RESIDENCE. THEY HAVE BEEN IN A RELATIONSHIP FOR APPROXIMATELY EIGHT MONTHS.
MS BALLARD STATED THAT ON 022611 AT APPROXIMATELY 2319 HOURS, SENATOR BUNDGAARD WAS IN THE DRIVER SIDE SEAT OF THE VEHICLE AND MS BALLARD WAS IN THE FRONT PASSENGER SIDE SEAT. THEY WERE IN THE CARPOOL LANE GOING NORTHBOUD ON THE I-51 OR THE PIESTEWA PARKWAY JUST BEFORE THE CACTUS ROAD EXIT. SHE SAID THAT THEY VERBALLY ARGUING WHILE SHE WAS DRIVING. DURING THE ARGUMENT, SENATOR 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 STATE THAT HE STRUCK HER TWICE.
IT SHOULD BE NOTED THAT MS BALLARD DENIED ANY MEDICAL ATTENTION FOR HER INJURIES.
MS BALLARD THEN SAID. "YOU HIT ME" AND STRUCK SP1 BUNDGAARD IN THE FACE WITH HER LEFT ARM USING AN OPEN HAND. MS BALLARD ATTEMPTED TO THEN USE HER PHONE TO CALL HER PARENTS FOR SOME HELP. SP1 BUNDGAARD GRABBED HER PHONE OUT OF HER HAND AND THREW IT OUT OF HIS DRIVER SIDE WINDOW. MS BALLARD STATED THAT AFTER 20 TO 30 SECOND, SENATOR BUNDGAARD STOPPED THE VEHICLE IN THE INSIDE SHOULDER OF THE NORTHBOUND CARPOOL LANE TO GO BACK FOR HER PHONE. BOTH SUBJECTS LEFT THE VEHICLE AND WERE ATTEMPTING TO FIND HER PHONE WHEN SENATOR BUNDGAARD RETURNED TO THE VEHICLE, THREATENING TO LEAVE MS BALLARD ON THE FREEWAY. MS BALLARD WENT BACK TO THE VEHICLE AND ATTEMPTED TO OPEN THE DRIVER SIDE DOORS. AFTER A FEW MOMENTS, SENATOR BUNDGAARD OPENED THE DRIVER SIDE DOOR AND PUSHED MS BALLARD TO THE GROUND WITH A TWO HANDED IMPACT PUSH, MAKING HER FALL TO THE GROUND CAUSING A LACERATION ON HER RIGHT KNEE AND A CAUSED A SCRAPE ALSO ON HER RIGHT HAND.
IT SHOULD BE NOTED THAT MS BALLARD HAD DIFFICULTY REMEMBERING ALL THE DETAILS OF THE INCIDENT, BUT SHE STATED THAT HE PUSHED HER DOWN AT LEAST TWICE.
AT THIS TIME, MS BALLARD WAS PLACED UNDER ARREST ON 022611 AT APPROXIMATELY 0046 HOURS. MIRANDA WARNING WAS READ DIRECTLY FROM THE CARD AT 0048 HOURS. MS BALLARD STATED YES TO UNDERSTANDING HER RIGHTS.
FOR FURTHER INFORMATION CONCERNING MS BALLARD'S STATEMENTS, PLEASE LOOK TO HER RECORDED STATEMENTS WHICH WERE IMPOUNDED AS EVIDENCE ON A CASSETTE TAPE AT DESERT HORIZON PRECINCT.
MS BALLARD THAT SHE DOES NOT WAS PROSECUTION AGAINST SENATOR BUNDGAARD.
MS BALLARD WAS BOOKED ON 13-1203A WHICH IS ASSAULT DOMESTIC VIOLENCE. SHE WAS PROCESSED AT DESERT HORIZON PRECINCT AND TRANSFERRED DOWN TO 4TH AVENUE JAIL.
FOR FURTHER INFORMATION CONCERNING THIS REPORT, PLEASE LOOK TO THE ORIGINAL REPORT BY OFFICER PATTERSON #9314.
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