Blood-alcohol evidence in the case of former Indianapolis police Officer David Bisard can be used to support a charge of criminal recklessness, a judge ruled Thursday.
Bisard, 37, was on duty when he struck motorcyclists stopped at a red light on Aug. 6, 2010, killing Eric Wells and injuring Kurt Weekly and Mary Mills, police said.
A blood test administered about two hours after the crash showed that Bisard had a blood-alcohol content level of 0.19 percent.
Bisard was charged with seven felonies, but former Marion County Prosecutor Carl Brizzi withdrew alcohol-related charges because he doubted the evidence would be admissible in court because standard procedures weren't followed in the way the evidence was procured.
A judge ruled in May that blood-alcohol evidence could not be used to bring charges of drunken driving, but left it open that the results could be used to prove the other charge.
"The blood draw was appropriately done and we presented evidence of that," said Deputy Prosecutor Denise Robinson. "The testing mechanisms that were used met the requirements of Indiana law and I don't think that something as important as the blood test result should be omitted from the jury when we go to trial in this case."
Mills, who is now married to Weekly, said the blood-alcohol evidence is critical.
"The man was very drunk and had no business being behind the wheel of a car, let alone wearing a badge," she said.
Bisard's attorney, John Kautzman, downplayed Thursday's ruling.
"This isn't about wins or losses or anybody having a victory today. What this really has to do with is a tragedy on so many terms," he said. "My client wants me to always remind this community that he recognizes that this was a tragedy."
The ruling is just another step in what is likely to be a long legal road ahead, with an appeal likely that could last up to two years if it reaches the Indiana Supreme Court.
Watch RTV6 and refresh this page for updates
Copyright Copyright 2011 by
All rights reserved.
This material may not be published,
broadcast, rewritten or redistributed.