Crash victim's mother meets with prosecutor in Bisard case

Officer David Bisard
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Sandra Chapman/13 Investigates

Indianapolis - A mother wants Indiana state law changed after her son was killed on his motorcycle after being struck by an on-duty IMPD officer.

Mary Wells took her case to the prosecutor armed with thousands of signatures from supporters.

On Friday, Wells kept her son's picture close as she prepared to deliver more than 5,000 signatures to Marion County Prosecutor Carl Brizzi.

"It hurts to be in this position. But if I can make changes, I can make a difference, then it's worth it," said Wells.

Mary Wells wants Officer David Bisard to face every possible charge for plowing into a group of motorcyclists as he sped to back up a misdemeanor warrant. Her son, 30-year-old Eric Wells, died. Mary Mills and Kurt Weekly suffered debilitating injuries. Bisard's blood alcohol level showed him drunk at twice the legal limit.

Fellow bikers from around Central Indiana have rallied for the victims.

"The decision to drop the DUI charges was absolutely ridiculous. If Carl Brizzi doesn't do his job when he's charged to do his job, we're gonna file a petition for a writ of mandamus and that will go to the Supreme Court and meet those qualifications, all six of them, and then they will mandate to the superior court in Marion County to prosecute," said Dennis Graham, petition organizer.

Brizzi dropped all of the DUI-related charges against Bisard last month after learning Officer Bisard's blood test of .19 was drawn by a lab technician at the Methodist Occupational Facility instead of by a doctor or at a hospital. Brizzi said then that he did not think the test would be admitted under Indiana law.

First, the group is launching a challenge to the dropped DUI charges and calls to require public safety workers to take breath tests at accident scenes.

"Justice needs to be served and the most important thing here is that we change these laws - not protocol. Protocol is only as good as the piece of paper it's written on. It can be changed. These have to be laws that need to be changed. We're working on the legislation now. We're starting to do letters to them. We're going to contact the City[-County] Council," said Mary Wells. "These are laws that need to be changed. Protocols don't mean squat."

After an hour-long meeting with the prosecutor, the duo emerged.

"Very good, very good. I think we're on the same team," said Wells.

"He wanted to make sure we understood the complexity of the problem," said Graham.

A unified tone was short on specifics.

"I think I would like to keep that between us right now. There are some things that we really don't want out yet," said Wells.

"I can't be frustrated at a mom who wants to see change and who is grieving for her son, so we had a big hug," said Brizzi.

Prosecutor Brizzi did say he would support the Wells family in their efforts to change state law.

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