Police, Prosecutors Point Fingers In Botched Blood Draw

Judge Ruled Proper Procedures Not Followed

Indianapolis Police and the Marion County Prosecutor's Office are pointing fingers over Officer David Bisard's botched blood draw after last month's fatal crash.

Bisard, a nine-year veteran, was on duty when he struck a group of motorcyclists stopped at a red light Aug. 6, killing Eric Wells, 30, and injuring Kurt Weekly, 44, and Mary Mills, 47.

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A blood draw taken at an occupational clinic nearly two hours after the crash showed Bisard had a blood-alcohol level of 0.19 percent, police said. But alcohol-related charges were dropped after a judge ruled that proper procedures weren't followed.

The Fraternal Order of Police told 6News' Jack Rinehart on Thursday that the prosecutor's office failed to properly update fatal crash investigators on a recent change in state law making it mandatory for all blood draws to be taken at a hospital.

"If your question is were they sufficiently notified and informed prior to the Bisard tragedy, I would have to say no," said union President Sgt. William Owensby. "It appears there's been a lack of communication on the prosecutor's office portion of this."

But Marion County Chief Trial Deputy David Wyser said police broke with longstanding protocol when they took Bisard to a clinic instead of to Wishard Memorial Hospital.

"There's been thousands and thousands of cases where that's occured, 600 last year. Not a single blood draw, not a single blood draw was done at a clinic, other than Officer Bisard," he said. "It certainly is something that jumps off the page on why protocol was not followed in this particular case ... The law may have changed, but not the protocol."

Wyser also said he believes the issues with the blood draw would not have occurred had the prosecutor's office been notified and the on-call DUI prosecutor called to the scene, also part of longstanding fatal crash investigation protocol.

Officers at the crash said previously that they took Bisard to the clinic instead of to a hospital in an effort to avoid an emotional scene with the victims' families.

Indianapolis Public Safety Director Frank Straub has asked the FBI to look into the investigation surrounding the crash.

Bisard is charged with reckless homicide and criminal recklessness and is suspended pending termination from the department.