Prosecutor Candidates Spar Over Bisard Case

Both Call For DUI Charges To Be Re-Filed

The controversy over a fatal crash involving an Indianapolis police officer is becoming a hot topic in the Marion County prosecutor's race.

On Wednesday, the parents of Eric Wells, 30, a motorcyclist who was struck and killed Aug. 6 by Officer David Bisard, stood behind Democrat Terry Curry as he said he would seek to re-file drunken driving charges against the officer.

Police said Bisard was drinking on duty when he plowed into a group of motorcyclists, killing Wells and severely injuring two others. But alcohol-related charges were later dropped after it was determined the blood draw was not legally obtained.

Curry told reporters he believes the blood draw can be used in court because the outpatient facility has written protocol for drawing blood.

If elected, he said he would also ask current Prosecutor Carl Brizzi, a Republican, not to make a plea deal with Bisard.

"I believe it's the responsibility of the next prosecutor to speak out to make sure this case is handled appropriately in light of the public outrage and cynicism and suspicion that's developed over the handling of this case," Curry said.

Republican prosecutor candidate Mark Massa accused Curry of using the Welles' tragedy for political gain and said he would try another tactic to re-file DUI charges against Bisard.

"The better legal argument is this; the statute that has Mr. Brizzi and Mr. Curry tied in knots doesn't apply in cases where a person consents to have his blood drawn. Our state Supreme Court has never taken up that precise question," Massa said.

Bisard is charged with reckless homicide and criminal recklessness and is suspended pending termination from the Indianapolis Metropolitan Police Department.