Suspended IMPD Officer David Bisard to remain in jail after judge revokes bond

Allen County courthouse
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Suspended Indianapolis Metro Police Officer David Bisard will remain in jail until his October trial.

Bisard appeared before an Allen County judge following new charges of a second drunk driving crash last month.

Allen Superior Court Judge John Surbeck revoked Bisard's bond, saying Bisard was a danger to the public.

That's what prosecutors argued after Bisard was arrested for drunk driving a few weeks ago. Bisard was already facing reckless homicide charges for the on-duty accident that killed motorcyclist Eric Wells in August 2010 and injured two others.  He faces new drunk driving charges from an arrest last month in Lawrence.

"It's clear this conduct demonstrates the defendant's instability, disdain for the court's authority and poses a risk to the community at large," Judge Surbeck said.

Bisard will be held without bond, and it's now up to Marion and Allen Counties to determine where Bisard will stay.

The deputy prosecutor said her office was pleased with the judge's decision.

"I believe that, as the judge indicated, we showed by convincing evidence that this recent arrest shows not only a disdain for the court but also that he poses a risk to the community," said Denise Robinson, deputy prosecutor.

"I don't know if it's a relief. I certainly in bringing the motion believed it to be appropriate and we're very gratified with the court's ruling," she said, when asked if the ruling was something of a relief.

Mary Mills, who suffered critical injuries in the August 2010 crash along with her husband Kurt Weekly, was in the courtroom Thursday. Also attending were David Bisard's wife and other family members. 

Bisard's attorney John Kautzman argued for what he called "technology entreatment" - asking for a higher bond amount and subjecting Bisard to mandatory alcohol treatment, at-home alcohol monitoring and restricting his movements with GPS monitoring. The judge did not agree and instead revoked Bisard's bond.

Because of Bisard's incarceration, Kautzman may ask the court to move the trial up from the October date.

As for Bisard himself, he was not questioned Thursday and did not say anything. He spent much of the hearing with his eyes and head down.

Eric Wells' mother reacts

The mother of the motorcyclist killed in the crash with David Bisard is happy about the judge's ruling.  Mary Wells spoke to Eyewitness News from her home in Florida.

"I'm just glad that he's in jail. He can't hurt anybody. He's not driving while he's drinking again.  And everybody is safe. That pleases me a lot. Nothing will bring my son back, but at least the man who killed him is where he can't hurt anybody else and that's important," she said.

Still a police officer

Right now, David Bisard is still a police officer, but only technically. Many are frustrated that he has not been fired from the police department.

Public Safety Director Troy Riggs says he wants to look at the disciplinary process within IMPD and how they handle terminations.

Right now, Riggs and Police Chief Rick Hite only have the power to make recommendations to the Civilian Merit Board. That board waits for the court process to be over before making a decision. 

"I see no future with him in the Indianapolis Police Department," Riggs said. "We're reviewing our disciplinary process reviewing how the merit board is set up, trying to look at a way to give the police chief the opportunity if necessary to terminate people quickly."

Riggs added, "What we deal with in our internal administration reviews is a prominence of evidence which is why Chief Hite is recommending termination in this." He says if the Merit Board does not choose to fire Bisard, he and Police Chief Rick Hite will consider an appeal.

David Bisard was brought to the Allen County Jail earlier this week.