Bisard's Attorney Seeks Dismissal Of Alcohol-Related Charges

Judge Could Rule Blood-Alcohol Test Inadmissible

The attorney for Indianapolis police Officer David Bisard filed a motion Friday to dismiss alcohol-related charges against him.

Last month, Marion County Prosecutor Terry Curry re-filed those charges, which former Prosecutor Carl Brizzi dropped because he thought the blood-alcohol evidence would likely be ruled inadmissible.

Bisard faces seven felony counts in connection with the Aug. 6 crash that killed Eric Wells and injured Mary Mills and Kurt Weekly.

Bisard faces charges of operating while under the influence causing death, a Class B felony; operating while under the influence causing death, a Class C felony; reckless homicide, a Class C felony; and four counts of operating while under the influence causing serious injury, Class C felonies.

Prosecutors said a blood draw showed that Bisard had a blood-alcohol content of 0.19 percent two hours after the crash, but the blood test was taken at a clinic instead of a hospital.

Curry said he believes the admissibility of the blood results should be determined by a judge, and that's why he decided to re-file alcohol-related charges.

In the aftermath of the crash, police and FBI agents interviewed 67 witnesses, and none of them said Bisard was impaired in the moments after the crash.

The case and subsequent investigations sparked outrage in the community, with allegations of a police cover-up, fueled in part by anguished family members of the victims pushing for justice.

An internal investigation concluded that poor management at the scene of the crash resulted in a botched response.

Bisard's attorneys have requested to move the trial out of Indianapolis.

Bisard is set for another court appearance on March 25.