The Herald Bulletin

Morning Update

State News

April 29, 2013

Prosecutors want no bond for re-arrested Indy cop David Bisard

INDIANAPOLIS — Prosecutors want the bond revoked for an Indianapolis police officer charged with causing a fatal crash three years ago while driving drunk, following his weekend arrest on drunken driving charges, a spokeswoman said Sunday.

The Marion County Prosecutors Office will ask a judge to revoke David Bisard’s bond in the 2010 case in which he’s charged with driving while intoxicated, reckless homicide and criminal recklessness, spokeswoman Peg McLeish said.

Bisard was being held Sunday in the Marion County Jail on a $25,000 bond after a misdemeanor drunken driving arrest Saturday afternoon in the city of Lawrence. Police say Bisard had a blood-alcohol level of 0.17 percent, more than twice the legal limit.

Prosecutors asked for no bond in the latest arrest, and the judge has taken that request under advisement. Bisard was scheduled to appear in court on Wednesday.

Bisard’s attorney, John Kautzman, said Sunday he had no comment on the latest arrest.

Bisard was arrested after he allegedly struck a traffic sign and a guardrail about 2:30 p.m. Saturday.

WISH-TV and WTHR-TV quoted a Lawrence police report as saying Bisard at first denied he had drunk alcoholic beverages, then told the officer, “I’ve been drinking since noon and I’m not gonna say I’ve had two like everyone else does.”

Bisard then said to the officer, “I know you know who I am. I messed up today. If you guys can cut me a break I promise I will never drink again,” according to the police report.

Bisard has been suspended without pay from the Indianapolis Metropolitan Police Department since the fatal August 2010 crash, pending the outcome of his trial, which has been moved to Fort Wayne because of extensive media coverage in central Indiana. That trial currently is set to begin in October.

The 2010 crash occurred when Bisard drove into two motorcycles stopped at a traffic light, killing 30-year-old Eric Wells and injured two others. If convicted, Bisard could face 20 or more years in prison.

The case drew intense local media coverage as legal snarls caused it to drag on for months and police officers’ handling of the crash scene and evidence stirred public distrust and led to disciplinary action against several high-ranking officers, including the demotion of the police chief.

The case has undergone a series of delays over admission of blood tests that showed Bisard had a blood-alcohol level more than twice the legal limit. The Indiana Supreme Court in ruled in December that the blood tests could be admitted into evidence.

Hawkins ruled that the blood drawn from Bisard after the crash was inadmissible because it was drawn by a medical assistant, a profession not included among those listed in Indiana law that are allowed to do so in drunken driving cases. But the state Court of Appeals overturned his decision, saying legislators clearly hadn’t intended for such key evidence to be thrown out on a technicality.

Hawkins did allow prosecutors to test a second blood sample despite objections by Kautzman that it was mishandled by police technicians. The results of those tests haven’t been released.

 

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