Victim's family encouraged by action in Bisard case

Gary and Karen Weekly

Cat Andersen/Eyewitness News

Indianapolis - The family of one of the victims was there when the Marion County prosecutor Terry Curry filed the new charges against Indianapolis Metro Police Officer David Bisard.

"I'm thankful for the law. I'm thankful for those who understand it and are schooled in it," said Karen Weekly.

Gary and Karen Weekly say they're grateful to have a fresh pair of eyes on a case that involves their son. Kurt Weekly was one of the motorcyclists severely injured in the Officer Bisard crash. His girlfriend Mary Mills also had serious injuries, and their friend Eric Wells was killed.

Bisard was charged in the crash, but alcohol-related charges were thrown out because of where the blood draw was conducted. On Wednesday, Curry announced plans to re-file the original DUI charges.

"Was the blood drawn by a person trained in obtaining bodily substances?" asked Curry.

Terry Curry, Marion County's new prosecutor, read the same law a different way than his predecessor. Curry sees Bisard's blood alcohol test as evidence that can be used against him.

"I've always thought that the alcohol charges should have been there because it was part of the cause," said Gary Weekly.

Kurt Weekly suffered severe brain trauma and a broken leg in the Aug. 6th crash.

"The damage to his brain is in the front temporal lobe," said Karen Weekly.

The crash stole several years of memory from Kurt Weekly, and turned his parents' lives upside down. They moved across the country from Arizona to Indiana to support him through rehab, and have had to watch their 44-year-old son relearn what they taught him as a child.

"He has a language problem. He's starting to read more and understand his reading and he's getting a little better at writing but sometimes he has many words that don't fit in a sentence which makes it very hard to understand him," said Karen Weekly.

Curry believes the law is not clear on who legally can take a blood draw for a criminal case and so it should be up to the judge in this case to decide how to interpret it.

Adding those charges means if Bisard is convicted, his prison sentence could be ten times longer.

"I would like him to realize the damage that he's done to a lot of people by making a poor decision," said Karen Weekly.

"Right now I'm planning on him making a full recovery but that's just because God answers prayers," said Gary Weekly.

Karen Weekly says it's a painful process.

"Some days it's really hard when you realize it was caused by one person's bad decision. That his life has been made such a struggle; that his income has been affected. But we're thankful he's here. Mary and Aaron and Louisa [Wells] don't have Eric. They don't have the chance to see him recover," she said.

The other survivor of the Bisard crash was Weekly's girlfriend Mary Mills. She suffered a broken neck, shoulder, collarbone and ten broken ribs. She underwent several surgeries.

On her Facebook page, Eric Wells' mother Mary said, "God thank you for putting justice back on track in Indy."

Despite this back and forth over what the law reads versus what it actually means, the Weeklys say they're still confident the legal system will bring them justice in the end.

See the probable cause affidavit.

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