Crash victim's mother wants Bisard fired

Mary Wells (September photo)

Scott Swan/Eyewitness News

Indianapolis - The mother of the Indianapolis motorcyclist killed in the David Bisard crash is calling again for the officer's firing. Mary Wells talked with Eyewitness News on the phone and says she wants the incoming prosecutor to re-file DUI charges against the officer who tested .19 after the crash.

Three months ago, Mary and Aaron Wells' world changed forever. Their son Eric was killed in the crash with Officer David Bisard.

As they deal with their grief the couple has been critical of the police investigation into the crash and say the report made public this week raises more questions than answers.

"This is not over. We are not done. We're not going to let this go. We want our answers and we want our justice for our son," said Mary Wells.

Bisard tested more than twice the legal limit after the crash but results were thrown out because of how the blood was drawn. The Wells family is critical of police response at the scene.

"If he and the other officers hadn't failed to give officer Bisard a field sobriety test, we wouldn't be having this conversation today," said Wells. "Why were officers that have this kind of experience, why were they not handling this crime scene as if it had been a regular person on the street?"

Mary Wells wants the new prosecutor, Terry Curry, to bring back DUI charges against Bisard and let the court decide. She believes further action is needed against the officer who caused the crash that killed her son.

"They said he was incompetent. They said he was insubordinate. They said he was drunk. Why is this man still on suspension? If he goes to trial and he's innocent, re-instate him with back pay, but if he's guilty, fire him that's what the city wants, that's what my family wants," she said.

Before the election, Prosecutor-elect Terry Curry promised to re-file the alcohol-related charges that were dismissed by Prosecutor Carl Brizzi.

Curry issued this statement on Oct. 13th:

"On August 30th, 2010, I asked Prosecutor Brizzi four simple questions that I hoped would have shed some light as to why his office unilaterally decided to dismiss the alcohol-related charges against Officer David Bisard. As I stated at that time, the reasons Prosecutor Brizzi repeatedly cited for dismissing the charges were two-fold: 1. the lab technician who drew Officer Bisard's blood was not 'certified' and, 2. that the blood draw should have been conducted in a hospital or 'certified' facility. There are clearly no such requirements for certification under current Indiana law."

"Prosecutor Brizzi failed to answer my questions directly, instead again offering only a vague explanation as to why his office dropped the most serious charges facing Officer Bisard. Most notably, Prosecutor Brizzi failed to explain if the Methodist Occupational Health Center, where Officer Bisard's blood was drawn, has a written protocol prepared by a physician for obtaining blood sample. Because Prosecutor Brizzi declined to answer that question, we have confirmed ourselves that the facility does indeed have a written protocol under the responsibility of a physician."

Curry continued, "If circumstances are as we understand them to be, then I will seek to re-file the alcohol-related charges against Officer David Bisard should I be elected Marion County Prosecutor."