INDIANAPOLIS - Blood-alcohol evidence against Indianapolis police Officer David Bisard will stand after the Indiana Supreme Court declined to hear the case.
Bisard faces charges of operating a vehicle while intoxicated, reckless homicide and criminal recklessness in an August 2010 crash when his police cruiser slammed into a group of motorcycles, killing Eric Wells, 30, and injuring two others.
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.
In September, the Indiana Court of Appeals reversed a Marion County court, allowing the blood-alcohol evidence to be used at trial.
"The ruling of the Indiana Supreme Court today makes final the Court of Appeals opinion establishing that the blood draw performed on Officer David Bisard on Aug. 6, 2010 was appropriate for the purposes of both the operating a vehicle while intoxicated and the criminal recklessness charges," Marion County Prosecutor Terry Curry said in a statement. "We are thus confident that we can now move forward to a trial of this matter in 2013."
Judge Grant Hawkins granted a change of venue request for Bisard last week, meaning the trial will take place outside of Marion County.
No trial date was set, but there will be another status hearing on Feb. 14. The Marion County Prosecutor's Office said the case could go to trial next year, perhaps in late summer or early fall.