Arizona Capitol

Senator Scott Bundgaard Should be Charged With Assault for Freeway Fracas With Former Flame, Cops Say *UPDATED With Reponse From Bundgaard*

The Phoenix Police Department has completed its investigation into the February freeway fracas between Senator Scott Bundgaard and his then-gal-pal Aubry "Heavyweight Champion of the Highway" Ballard and concluded that Bundgaard should be charged with assault.

Ballard was initially charged with assault following the fight, but that charge was dropped after she spent an evening in the hoosegow the night of the incident. However, Phoenix police say, the City Prosecutor's Office has the authority to re-file the charge against Ballard if they deem it appropriate.

Bundgaard got to go home following the scuffle because the state Legislature was in session at the time of the February 25, brouhaha, and he, according to police, alerted the arresting officers that he had legislative immunity.

Details of the scuffle are still fuzzy. Bundgaard claims Ballard pulled a gun on him as the two argued by the side of the freeway -- he even went so far as to submit to a lie-detector test (which he passed) to back up his claim. However, no gun is mentioned in the police report, and Ballard denies pulling a piece on the then-Senate majority leader.

The scuffle, as you may recall, caused Senate Republicans to give Bundgaard the boot as Senate majority leader.

Earlier this month, the Senate Ethics Committee dismissed a complaint against Bundgaard regarding the incident. However, a new complaint probably will be filed with the committee now that the criminal investigation is complete.

Bundgaard did immediately respond to New Times' request for comment.

UPDATE 1:30 p.m.: Senator Bundgaard's response to New Times' request for comment on the finding of the investigation:

"Neither my attorney [n]or I have received the report from PPD. However, they've done a great job transmitting it to the media. Until I review the report, I can't comment. We're aware of a number of witnesses that they refused to interview, which is troubling."