Court: Blood alcohol level can be used against Bisard
IMPD's David Bisard charged in fatal 2010 crash
9:53 AM, Sep 12, 2012
6:15 PM, Sep 12, 2012
INDIANAPOLIS - The Indiana Court of Appeals has ruled that blood alcohol evidence can be used against Indianapolis police Officer David Bisard.
The ruling overturns a Marion County judge’s decision that threw out the evidence.
Bisard faces a reckless homicide charge for the August 2010 accident when his police cruiser slammed into a group of motorcycles, killing Eric Wells, 30, and severely injuring Mary Mills and Kurt Weekly.
In the aftermath of the crash, testing of one vial of blood showed Bisard's blood-alcohol content was 0.19, police said, but the test was dismissed because the blood draw did not follow police protocol.
The court ruled Wednesday that the blood evidence could be used to support a drunken driving charge.
"We conclude that the medical assistant did in fact draw the blood in a way that followed physician-approved protocols, and that the statutes cited by Bisard do not reflect that the General Assembly intended to suppress blood evidence taken in a medical facility by a trained operator in the presence of the suspect’s lawyer," the ruling read.
Marion County Prosecutor Terry Curry called the ruling a significant victory.
"The Court of Appeals has upheld our position, that we believe the blood draw was appropriate both for purposes of operating while intoxicated charges and the reckless charges," he said. "We think (the opinion) is very straight forward and supports the argument we made all along, that there was nothing inappropriate about the blood draw of Officer Bisard."
Aaron Wells, the farther of Eric Wells, told RTV6 he has waited for this day.
"We feel like David Bisard has the opportunity to face the truth. Obviously, he's not going to come forward on his own and be truthful," he said. "As he sits back and claims to be innocent of all charges, now he's forced to tell the truth."
Mills also praised the ruling on her Facebook page.
"This is so great. It's all we ever wanted was the truth and JUSTICE," she wrote.
Bisard's attorney said they will likely appeal the ruling.
"We are obviously disappointed by the ruling," John Kautzman said. "I don't think it's the end. It's clearly a bump in the road."
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