Curry: Judge Should Make Call On Bisard's Blood Test

Bisard Due In Court Later This Month

New Marion County Prosecutor Terry Curry says he believes a judge should rule on whether to allow Indianapolis police Officer David Bisard's blood test to be presented as evidence.

Police said Bisard was drinking drunk on duty Aug. 6 when he plowed into a group of motorcyclists, killing one and severely injuring two others.

A blood draw showed the officer had a blood-alcohol content of 0.19 two hours after the crash, but alcohol-related charges were dropped by then-prosecutor Carl Brizzi after it was determined the draw took place at a clinic instead of a hospital, as stipulated by law.

During his campaign, Curry, who was sworn in over the weekend, said he would push to have the blood test readmitted as evidence.

"This office has already put the court and defendant on notice that we would seek to introduce results of the alcohol testing as evidence of the reckless charge, without regard to if the additional operating charges are refiled," he told 6News' Jack Rinehart.

Curry said he plans to meet with the deputies assigned to the Bisard case ahead of the officer's pre-trial hearing set for Jan. 21.

"If there's an ambiguity there in the law and the circumstances, then we think it's appropriate to let the judge make that determination down the road," he said. "We'll make every argument we feel is appropriate for the admissibility."

Bisard still faces charges of reckless homicide and two counts of criminal recklessness.