The Herald Bulletin

Afternoon Update

State News

November 25, 2013

Prosecutors seek consecutive sentences for Bisard

INDIANAPOLIS — Prosecutors are seeking consecutive rather than concurrent prison terms for a suspended Indianapolis police officer convicted of driving drunk and causing a crash that killed a motorcyclist and injured two others.

Deputy Prosecutor Denise Robinson filed a memorandum Friday saying David Bisard deserves an enhanced sentence because a police officer should be held to a higher standard, The Indianapolis Star reported Monday. She cited another factor in making the request as the fact that Bisard had a second DUI arrest while awaiting trial on the initial charges.

The 2010 crash killed motorcyclist Eric Wells and badly injured Mary Mills and her husband, Kurt Weekly. Mills had broken bones throughout her body, and Weekly spent a month in a coma. Wells' family, Mills and Weekly are expected to give statements during the sentencing Tuesday.

Bisard faces six to 20 years in prison on the most serious charge, driving with a blood-alcohol content above 0.15 percent while in a fatal accident. Robinson wouldn't disclose the sentence the prosecutor's office would seek on the count.

But she said by asking that the eight other sentences be served consecutively could add up to nine years to the time he spends in prison.

The case drew widespread attention, focusing on whether Bisard was drunk at the time of the crash and whether blood samples taken during the investigation were mishandled. The case was moved to Fort Wayne because of extensive media coverage in Indianapolis. Bisard is scheduled to be sentenced Tuesday afternoon by Allen Superior Judge John Surbeck.

Bisard officially resigned Monday from the Indianapolis Metropolitan Police Department. His attorney, John Kautzman, said Bisard could express his remorse to the surviving victims of the crash during the sentencing.

"Potentially, he could read a statement of remorse," he said.

Bisard, who had been on unpaid suspension since the crash, did not testify at his trial and has not made any formal public statements about the August 2010 crash.

 

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