Questions remain over Bisard reinstated charges

David Bisard

Chris Proffitt/Eyewitness News

Indianapolis - Metro Police Officer David Bisard will be back in court Friday to face new drunken driving charges after a crash that killed one person and critically injured two others last August.

Bisard 's blood-alcohol level measured .19, more than twice the legal limit, but police did not take his blood test properly.

The outrage following the dropping of the most serious alcohol-related charges in the case was widespread, prompting a series of protests. But now that Marion County's new prosecutor moved on Wednesday to re-file the charges against IMPD Officer David Bisard, it will be up to a judge to decide whether blood-alcohol tests in the case can be admitted into evidence.

"We will make every argument we feel is appropriate to support the admissibility of the test and we're committed to vigorously prosecuting this case to its conclusion," said Prosecutor Terry Curry.

Mayor Ballard, who's reforming IMPD from top to bottom, supported the prosecutor's decision on Thursday moments after addressing a group of IMPD retirees.

"I think people know how I feel about it. I've been very upfront about all of that," said Ballard.

Some legal experts believe that prosecutors have a good shot at making the alcohol-related charges stick.

"I think this case, because the charges are so significant, it's something judges will look at very carefully," said Prof. Joel Schumm, IU School of Law.

For Bisard, if convicted, the re-filed charges could mean the difference between a few years in prison or up to 50 years. Bisard's attorney calls the re-filing of the charges disappointing.

"The prosecutor's entitled to file charges as he sees fit and we'll respond in the way we see fit and let the judge make the call," said John Kautzman, Bisard's attorney.

Whatever that decision is, legal experts say the highly charged case will certainly be appealed and could take years to resolve.