Prosecutor to reinstate alcohol-related charges against Bisard - 13 WTHR Indianapolis

Prosecutor to reinstate alcohol-related charges against Bisard

Posted: Updated:
A small memorial was set up at the crash site where Eric Wells was killed. A small memorial was set up at the crash site where Eric Wells was killed.
David Bisard David Bisard
Marion County Prosecutor Terry Curry (D) Marion County Prosecutor Terry Curry (D)

Chris Proffitt/Eyewitness News

Indianapolis - New Marion County Prosecutor Terry Curry announced Wednesday that he's re-filing alcohol-related charges against IMPD officer David Bisard for his role in a crash that killed one person and critically injured two others.

Officers should have taken David Bisard to a hospital and not a clinic for a blood draw to determine if he was drunk during that crash. That's why the most serious charges were dropped. Wednesday, those charges were re-instated.

It was a stunning turn when prosecutors in August dismissed alcohol-related charges against IMPD Officer David Bisard after he crashed his squad car into a group of motorcyclists, killing Eric Wells and critically injuring Kurt Weekly and Mary Mills.

Now the new prosecutor says he's filed to dismiss the pending case and will re-file the original charges.

"We have thus concluded that it's appropriate to reinstate all alcohol-related charges in this matter," said Curry, speaking to reporters at a press conference Wednesday.

For Prosecutor Curry, re-filing the most serious charges in the case is the fulfillment of a campaign promise after former Prosecutor Carl Brizzi reduced the case to reckless homicide, saying that blood alcohol tests on Bisard were botched.

"Since we have taken office, I've had the opportunity to review materials in this case and confer with the deputy prosecutors assigned to it. In addition, the Court of Appeals rendered a decision in September which also seems to support our position regarding the admissibility of the blood test," Curry said.

Investigators in the case say that Bisard was responding to a call and driving at speeds up to 70 mph when he plowed into Eric Wells, Mary Mills, and Kurt Weekly. Wells died from his injuries, while Weekly and Mills suffered life-changing injuries. IMPD said that Bisard was drunk at the time of the accident. Now prosecutors say that they believe that Bisard blood results are admissible in court.

"I continue to believe if there's an ambiguity in the law as it relates to the admissibility of the blood test, then a judge should make that final determination," said Curry.

The Fraternal Order of Police issued a statement about Prosecutor Curry's re-filing of the charges, saying, "As with anyone charged with a crime, Officer Bisard has a constitutional right to a fair trail in front of his peers and is presumed innocent until proven guilty."

Now Officer David Bisard faces a slew of new charges including operating a vehicle with a blood alcohol of .15 or higher - one count alone that could put him in prison for up to 20 years.

Neither IMPD or Bisard's attorney returned calls for comment on the new action by the prosecutor. If convicted on all of these charges, Bisard faces 12 to 48 years in prison.

 The charges include the following:

• Operating a Motor Vehicle with a BAC 0.15 or Higher Causing Death (Class B Felony)

• Operating a Motor Vehicle While Intoxicated Causing Death (Class C Felony)

• Reckless Homicide (Class C Felony)

• Operating a Motor Vehicle While Intoxicated Causing Serious Bodily Injury (Class D Felony)

• Operating a Motor Vehicle with a BAC 0.08 or Higher Causing Serious Bodily Injury (Class D Felony)

• Operating a Motor Vehicle While Intoxicated Causing Serious Bodily Injury (Class D Felony)

• Operating a Motor Vehicle with a BAC 0.08 or Higher Causing Serious Bodily Injury (Class D Felony)

See the probable cause affidavit.

Join the conversation on Facebook.

Powered by WorldNow