Crash victim's family files tort claim against city - 13 WTHR Indianapolis

Crash victim's family files tort claim against city

Updated:
Eric Wells was killed in the August 6 crash. Eric Wells was killed in the August 6 crash.
IMPD Officer David Bisard IMPD Officer David Bisard

Indianapolis - Attorneys for the family of fatal police crash victim Eric Wells have put the city on legal notice.

The 30-year-old Wells died in the August 6 crash with Metro Police K-9 Officer David Bisard. The police car struck two motorcycles and also left two other riders injured.

Attorney Linda Pence filed a tort claim to inform the city of Indianapolis about plans to file a lawsuit. The city has 90 days to respond to the claim.

In all, there are three agencies investigating the Bisard crash. Federal, prosecutor and internal affairs investigators have questioned Metro's high ranking officers about the crash scene.

Eyewitness News has also learned that Metro's two new spokespersons Sgt. Linda Jackson and Officer Brian Dixon answered questions. The two spent no more than 20 minutes on the scene gathering information for news reporters.

Indianapolis Mayor Greg Ballard stays clear of the ongoing investigation, but he knows the timeline.

"I think we are two to four weeks out, somewhere in that time frame," he said. "There is nothing new to report. Obviously, I am staying away from it because I want it to be as independent as possible."

There are unanswered questions about what Bisard did between leaving the crash site and submitting to the blood draw. Still, prosecutors threw out his .19 blood alcohol content results because of improper blood draw procedures, another important part of the investigation.

"We will look at it to see if it is the scope of what we needed to have done," Ballard said.

Investigators also hope news footage will help detail what officers on the scene knew about Bisard at the scene.

Wells' parents spoke to Eyewitness News about the crash in their home in Florida earlier this month.

"It has destroyed our lives. We're not the same people we were before August 6," said Wells' mother, Mary. "It was murder. He used his vehicle. Officer Bisard made the choice to drink. He made the choice to drive. He made the choice to speed."

"You murdered my son and you critically hurt several others and their families," said father Aaron Wells.

In the tort claim, the Wells family says Officer Bisard's decision to drive at an extremely dangerous and high speed in a traffic-congested area was "totally unjustified." They claim the officer was "extremely reckless" and "grossly negligent."

"If this had been an honest accident, then my heart would have gone out to him, because he's the victim, too. But it's not. He's not a victim, he's the perpetrator," Mary Wells said.

Wells' parents are asking for $1.3 million in damage, while his widow Luisa, his high school sweetheart, is asking for $2.5 million.

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