Judge decides to allow Bisard blood draw

David Bisard

INDIANAPOLIS - In a major victory for prosecutors and victims in the case of a Metro Police officer accused in a deadly crash, Judge Grant Hawkins ruled that the blood draw on Officer David Bisard showing he was legally drunk will be allowed as evidence.

Officer Bisard is still facing reckless homicide and criminal recklessness charges in the crash that killed Eric Wells and seriously injured Mary Mills and Kurt Weekly.

Prosecutors argued there were no problems with the blood draw. But Bisard's attorney said if the blood draw was thrown out on a drunk driving charge, it shouldn't be allowed for other charges.

Officer Bisard was in court Thursday and shook his head when prosecutors said he tested .19, more than twice the legal limit, after his police car hit a group of motorcyclists in August 2010. Eric Wells died, and his friends Mary Mills and Kurt Weekly were critically injured.

Prosecutors argued all the protocols were followed. The blood was drawn, the tubes were labeled, taken to the police property room and then moved to the crime lab for testing.

But defense attorneys said if the blood draw wasn't good for a DUI case and thrown out, then it can't be used for these other charges.

"If it was garbage in, it was garbage out. You can't pick your poison. You can't get three bites of the apple," said John Kautzman, defense attorney. "The fundamental point is, if the collection process is flawed, then the testing could be based on a flawed sample."

"I believe the blood draw was appropriately done and we presented evidence of that. I believe the testing mechanisms that were used met the requirements of Indiana law. And I don't think that something as important as the blood test result should be omitted from the jury," said Denise Robinson, deputy prosecutor.

Even though Bisard's team lost this battle, expect to see his defense team examine the chain of custody and testing of the blood. Those could become other motions filed to keep certain evidence out of the trial.

Bisard left Thursday's hearing without a word. Mary Mills, one of the crash victims, spoke to Eyewitness News.

"If this had been one of us that had done this, an average, every day Joe Citizen, then it already would have been put behind them. We could have gone on with our lives. I feel with him being a police officer, too many things are being drug out," she said.

"He recognizes this was a tragedy, not only for his family and his friends but also for the families of the people who were involved in this collision," said Kautzman.

Weekly and Mills are suing Bisard, IMPD, and the City of Indianapolis. Two officers who were demoted after the investigation are also suing the city.

See the probable cause affidavit.