FBI arrives; change of venue motion filed in IMPD officer DUI case

Officer David Bisard was in court Thursday.

Sandra Chapman/13 Investigates

Indianapolis - Attorneys for IMPD Officer David Bisard filed a motion to change the venue for his trial. The motion came late Friday. The change of venue hearing is set for August 27th.

Meantime, Eyewitness News cameras were the only ones on the scene as the FBI moved in to look into the case of an IMPD officer involved in a deadly crash.

Prosecutors and FBI agents are trying to determine why so many police procedures were violated, some of them long before the crash even occurred.

On Friday, agents from the Federal Bureau of Investigation arrived at IMPD headquarters, ready to step into a highly charged and now botched fatal drunk driving investigation. Behind closed doors, the agents got an earful from Public Safety Director Frank Straub on the mess and the mission he outlined on Eyewitness News Sunrise.

"The investigation is going to go where it's going to go. If we find that people made intentional errors then they'll be prosecuted to the fullest extent of the law," said Straub.

Less than 24 hours earlier, Straub stood with Prosecutor Carl Brizzi as he dropped four drunk driving related charges against Officer David Bisard. According to Brizzi, the blood draw that showed Bisard at more than twice the legal limit is inadmissible based on Indiana code.

It says, "A law enforcement officer may transport the person to a place where the sample may be obtained by persons who are trained in obtaining bodily substance samples." But "because it wasn't at a licensed hospital, the only people that could have done it were a registered nurse, a licensed practical nurse, and EMT either advanced or intermediate, a paramedic. And this person was none of those things," said Marion County Prosecutor Carl Brizzi.

Brizzi still believes the BAC of .19 is accurate, some critics say he should have taken his chances in court. But Brizzi said he decided not to do that "because we didn't have a leg to stand on" especially since the mistakes occurred under the elite Fatal Alcohol Crash Team. Brizzi stopped short of calling the investigation a "cover-up."

"If you're a FACT Team member you should know how to collect and preserve evidence in an accident causing death," he said.

Their focus now is to pick up the pieces and build an airtight reckless homicide case against Officer Bisard.

"The officer was not in a pursuit. He was not dispatched to an emergency call that he was going to assist on the execution of a misdemeanor warrant. The fact that he was running signal 10 with lights and sirens and driving the speed that he was driving were in violation of IMPD policy," said Brizzi.

With the blood test being thrown out for now and some of the charges dropped, Officer Bisard faces a shorter prison sentence if convicted in the case.

Under the previous charges that Officer Bisard faced, he could have gotten a maximum sentence of 20 years in prison. But under the current charges, Bisard now faces a maximum sentence of eight years in prison.

See all stories and video related to this case.