Judge To Rule On Bisard Alcohol Charges

Decision Expected Tuesday

A judge is expected to rule Tuesday whether to dismiss drunken driving charges against an Indianapolis police officer involved in a fatal crash last August.

Attorneys for former Officer David Bisard 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.

Joel Schumm, a professor at the Indiana University School of Law-Indianapolis, told 6News' Jack Rinehart on Monday the case could take years to resolve.

"I'd be really surprised if this doesn't go to the Indiana Court of Appeals. If one of the parties wasn't happy with the Court of Appeals, they could take it to the Indiana Supreme Court to look at it, and that would delay this even longer,” he said.

Bisard's attorneys have also petitioned to move the case out of Marion County.