Prosecution seeks DUI evidence in Bisard case

David Bisard

Jeremy Brilliant/Eyewitness News

Indianapolis - Evidence that allegedly shows a Metro Police officer was drunk at the time of a fatal crash could be admitted in court. On Friday, prosecutors asked that Officer David David Bisard's blood alcohol content be admitted as part of the case against him.

Crash victim Mary Mills, still in a wheelchair from the August accident, made her way into the courtroom Friday. Officer David Bisard walked in moments later. The hearing was the first time she had ever seen him.

"I want him to see me. I don't really, necessarily want to see him, but I want him to see me. I want him to know what he's done," said Mills.

On August 6th, Bisard, running lights and sirens, crashed into three motorcyclists on the northeast side. Eric Wells was killed. Kurt Weekly was critically injured, along with Mary Mills. Police said Bisard's blood alcohol content at the time of the on-duty crash was .19, more than twice the legal limit.

Initially Bisard was charged with DUI, but that charge was dropped because of how his blood was drawn. Now prosecutors want to use his blood alcohol content information as part of their reckless homicide case.

"This test should be admissible to show that he was drinking and driving," said Marion County Prosecutor Carl Brizzi.

But even if it's not, Brizzi says there is enough evidence to prove Bisard is guilty.

"We have driving at a high rate of speed, we have running signal 10 - lights and sirens - when it wasn't necessary and it was against the police procedures. So there are several elements here that I think go to reckless homicide. The blood alcohol is just one," said Brizzi.

Crash victim speaks

"I want justice to happen. I truly do. I want justice to happen," said Mary Mills.

Justice for Mary Mills and cyclists who have rallied around her and the other victim's families means prison time for David Bisard.

"I want him to know what he's done. He is not innocent of anything. So I want him to know what he has done to at least one family, if not three," she said.

Kurt Weekly, Mary Mills' boyfriend, was critically injured in the crash 12 weeks ago.

Family say Weekly suffered a serious brain injury in addition to a fractured tibia and three broken ribs. Earlier this week, Weekly got on his feet for the first time since the crash.

Weekly's attorney Bruce Kehoe says the prosecutor is trying to get the evidence in the back door.

"Unfortunately...the front door is closed. And the front door is closed because the mismanagement of the investigation and the uncertainty of the officer and staff procedure and losing blood evidence to begin with. And then the prosecutor chose to dismiss the charges which we think was a questionable decision," said Kehoe.

The attorney says he hasn't seen all the interviews done on the Bisard case. He said at this point the investigation was either subject to incompetence or intentionally twisted.

A judge will determine if that alcohol evidence can be used. That won't happen until sometime next year. The next hearing is set for late January.

Two investigations into this crash have been concluded by IMPD and the FBI, according to the Fraternal Order of Police. However, the FBI says that contrary to the FOP's claim, the FBI report has not been sent to the Department of Justice yet.

When the internal and FBI investigation results are revealed, the police union president believes they will clear Bisard.

"I anticipate that it is going to say that everybody who came in contact with Bisard that day from civilian to medical to uniform personnel noticed no signs of impairment," said Bill Owensby, FOP president.

The internal report won't be made public for another two weeks.