Judge To Rule Next Week On Bisard Alcohol Charges

Former Officer In Court Friday

A judge will decide next week whether to dismiss drunken driving charges against an Indianapolis police officer involved in a fatal crash last August.

David Bisard was in court Friday as the judge heard arguments from both sides of the case, 6News' Jack Rinehart reported.

Attorneys for the former officer said a blood alcohol test in the aftermath of the Aug. 6 crash wasn't properly procured.

Bisard struck motorcyclists stopped at a red light, killing Eric Wells and injuring Kurt Weekly and Mary Mills, police said.

The blood test showed Bisard had a blood alcohol content level of 0.19, but former Marion County Prosecutor Carl Brizzi withdrew a drunken driving charge because he doubted the evidence would be admissible in court.

Marion County Prosecutor Terry Curry refiled the charge shortly after taking office in January. Bisard was charged with 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.

Weekly, Mills and Wells' parents were in court Friday.

"The blood evidence is, obviously, a very huge factor in this matter. If it is upheld, we know that it will be heard later on by the higher courts. If it's dismissed today, we're still going to consider it a good day," Eric Wells' father, Aaron Wells, told reporters.

His mother, Mary Wells, said the family is still grappling with the loss of their son.

"We've lost a big part of our family, and that will never change, but we are surviving it," she said. "We're going to get through it; we're strong, and we will get through this."

Bisard's attorneys also want the case moved out of Marion County.