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The verdict: David Bisard is guilty

Posted at 1:59 PM, Nov 05, 2013
and last updated 2017-06-11 13:21:17-04

Guilty. On all nine counts.

That was the verdict the jury came to in the trial of David Bisard – the IMPD officer who crashed his patrol car into a group of motorcyclists in 2010, killing Eric Wells and gravely injuring Mary Mills and Kurt Weekly.

The prosecution argued that Bisard was drunk and driving recklessly, relying on expert testimony and two contested vials of Bisard's blood, which showed he had a .19-percent BAC at the time of the crash.

Bisard's defense team argued that the case belonged in civil court, that Bisard's blood had been handled improperly, and that not one of dozens of witnesses saw signs of intoxication in Bisard after the crash.

In the end, the jury sided with the prosecution, delivering a guilty verdict on all charges, including the primary charge of DUI causing death, a class "B" felony which carries a sentencing range of 6-20 years.

It's now up to Allen Superior Court Judge John Surbeck to determine the appropriate penalties for those charges. The sentencing hearing has been set for Nov. 26 at 1:30 p.m.

The verdict

The reaction in the courtroom was subdued.

Aaron and Mary Wells, the parents of Eric Wells, the motorcyclist killed in the crash, hugged and held the hand George Burt, Eric's friend and the only one of four motorcyclists who survived the crash without injury.

Laura Bisard, the wife of David Bisard, put her head in her hands and quietly wept.

Bisard simply lowered his head.

Outside the courtroom, the Wells said they can now return to Florida with "peace in their hearts" and begin to move on, three years after their son was killed.

"A burden was lifted … as soon as the verdict was read I felt lighter," Aaron Wells said.

"It's relief and it's shock, and it's all just kind of processing right now," added Mary Wells.

Deputy Prosecutor Denise Robinson, who closed the state's final arguments Monday, lauded the jury for being "conscientious" and deciding based on the "facts of the case."

Attorney John Kautzman spoke for Bisard's defense team.

"Obviously, we're disappointed with the verdict today," Kautzman said. He declined to comment on any immediate plans for an appeal.

Back in prison garb, David Bisard was besieged by reporters over the 10-yard walk between the courthouse door and a sheriff's van waiting to transport him back to the Allen County Jail.

He spoke only twice.

When asked what he had to say to the victims' families, he said, "I'm sorry. I'm sorry."

And, as he stepped into the van: "It's not true."

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For the whole story on David Bisard case, from the Aug. 6, 2010, crash to the guilty verdict on Nov. 5, 2013, read our summary here.