Alcohol-Related Charges To Be Re-Filed Against Officer
8:26 AM, Jan 12, 2011
The families of the motorcyclists struck by Officer David Bisard said Wednesday's announcement that alcohol-related charges will be re-filed in the case brings a new hope for justice.Police said Bisard was driving drunk on duty Aug. 6 when he plowed into a group of motorcyclists, killing one and seriously injuring two.A blood draw showed that Bisard had a blood-alcohol content of 0.19 two hours after the crash, but alcohol-related charges were dropped by after then-Marion County Prosecutor Brizzi determined the draw took place at a clinic instead of a hospital, as stipulated by law, and that the blood test would be inadmissible.The move outraged the family members of Eric Wells, who was killed, along with Mary Mills and Kurt Weekly, who both suffered serious injuries, 6News' Joanna Massee reported.Gary and Karen Weekly were in the crowd Wednesday when new prosecutor Terry Curry announced he would re-file seven felony charges against Bisard -- 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."I think it's all positive," Gary Weekly said. "I'm glad that he reinstated the charges, because I think they're appropriate."While Kurt Weekly's recovery from a serious brain injury has been a long road for him and his family, his parents said they know it could be worse.The attorney for the Wells family said Wednesday they have been on an emotional roller coaster since the crash."First they learn their child is dead. Then they learn a kind of 'Keystone Cop' of errors on how it was investigated. Then, a few days later, they learn the officer was drunk," said attorney Linda Pence.Eric Wells' mother, Mary Wells, told 6News from Florida that she believes positive progress is being made in the case."It was scary, but it was good," she said. "This is the first time in months I've had a chance to have a real smile."Mills, who is recovering in North Carolina, echoed the feelings expressed by the other victims' families."I was extremely happy to see that they re-filed the charges and how they did it. It was very happy about that," she said. "I was happy that prosecutor Curry was able to see it was the right thing to do and let a judge decide from there."A pretrial hearing is set for next week.