IBJNews

Blood drawn from cop after crash OK for trial

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court on Monday let stand a ruling saying blood was drawn properly from an allegedly intoxicated Indianapolis police officer after a 2010 fatal crash. But the officer's attorney said it's uncertain whether the evidence can be introduced at trial.

The high court on Monday agreed with an Indiana Court of Appeals ruling allowing evidence that showed Officer David Bisard had a blood-alcohol level of 0.19 percent — more than twice the legal limit — when his cruiser plowed into two motorcycles stopped at a traffic light, killing Eric Well and critically injuring two other people in 2010.

Marion County Prosecutor Terry Curry says that means the sample can be used to support drunken driving and criminal recklessness charges against Bisard.

However, Bisard's attorney, John Kautzman, said he can still challenge admission of the blood at trial regarding its chain of custody and says the sample's credibility before a jury also remains in doubt.

"There's challenges that can occur at the trial stage," Kautzman said. Bisard faces charges of operating a vehicle while intoxicated, reckless homicide and criminal recklessness.

The Court of Appeals ruled in September that a Marion County judge erred in determining the blood drawn from Bisard after the Aug. 6, 2010, 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 draw blood in drunken driving cases.

Former Marion County Prosecutor Carl Brizzi stunned the victims and public when he dropped drunken driving charges against Bisard just days after they were filed, which he did because of the discrepancy. After taking office last year, Curry refiled the charges against Bisard.

Marion County Judge Grant Hawkins subsequently ruled the blood couldn't be used as evidence of drunken driving but could be used to support a reckless homicide charge. The appeals court then ruled legislators clearly hadn't intended for key evidence to be thrown out on a technicality.

Curry said Monday he hopes the Bisard case goes to trial next year, but a trial date has not been set. Hawkins last week agreed to move the trial out of the Indianapolis media market because of the case's extensive publicity, but the new venue might not be known until the next hearing in February.

Hawkins has allowed 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.

The city of Indianapolis has agreed to pay settlements totaling $3.85 million to Wells' family and the other two motorcyclists hurt in the crash.

ADVERTISEMENT

  • Lets hope this sticks
    Cops should be glad to see justice done. How many of them are weighing in on this? Hopefully our champions of justice at the FOP will put there full support behind the vigorous prosecution of this case.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. I am a Lyft driver who is a licensed CDL professional driver. ALL Lyft drivers take pride in providing quality service to the Indianapolis and surrounding areas, and we take the safety of our passengers and the public seriously.(passengers are required to put seat belts on when they get in our cars) We do go through background checks, driving records are checked as are the personal cars we drive, (these are OUR private cars we use) Unlike taxi cabs and their drivers Lyft (and yes Uber) provide passengers with a clean car inside and out, a friendly and courteous driver, and who is dressed appropriately and is groomed appropriately. I go so far as to offer mints, candy and/or small bottle of water to the my customers. It's a mutual respect between driver and passenger. With Best Regards

  2. to be the big fish in the little pond of IRL midwest racin' when yer up against Racin' Gardner

  3. In the first sentance "As a resident of one of these new Carmel Apartments the issue the local governments need to discuss are build quality & price." need a way to edit

  4. As a resident of one of these new Carmel Apartments the issue the local governments need to discuss is build quality & price. First none of these places is worth $1100 for a one bedroom. Downtown Carmel or Keystone at the Crossing in Indy. It doesn't matter. All require you to get in your car to get just about anywhere you need to go. I'm in one of the Carmel apartments now where after just 2.5 short years one of the kitchen cabinet doors is crooked and lawn and property maintenance seems to be lacking my old Indianapolis apartment which cost $300 less. This is one of the new star apartments. As they keep building throughout the area "deals" will start popping up creating shoppers. If your property is falling apart after year 3 what will it look like after year 5 or 10??? Why would one stay here if they could move to a new Broad Ripple in 2 to 3 years or another part of the Far Northside?? The complexes aren't going to let the "poor" move in without local permission so that's not that problem, but it the occupancy rate drops suddenly because the "Young" people moved back to Indy then look out.

  5. Why are you so concerned about Ace hardware? I don't understand why anyone goes there! Every time ive gone in the past, they don't have what I need and I end up going to the big box stores. I understand the service aspect and that they try to be helpful but if they are going to survive I think they might need to carry more specialty parts.

ADVERTISEMENT