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Discussion Starter · #1 · (Edited)
Man, unbelievable, Indy--average size city, with the corruption the size of even the largest city. I think it should be time for state police to clean house.

causing a fatal crash will get to keep his driver's license, a judge ruled Thursday, because proper procedures weren't followed.

Officer David Bisard, a nine-year veteran of the department, was on duty when he plowed into a group of motorcyclists stopped at a red light Aug. 6, killing Eric Wells, 30, and injuring Kurt Weekly, 44, and Mary Mills, 47.

Slideshow: 1 Killed, 2 Injured When Officer Hits Motorcycles
More: David Bisard Probable Cause



The judge ruled that because no officers at the scene said they thought Bisard was drunk and because a portable breath test was not administered, there was no probable cause for a blood draw to be taken.

Marion County Prosecutor Carl Brizzi said the decision is a setback in the case against Bisard and raises a red flag about the admissibility of the blood draw, which authorities said showed the officer had a blood-alcohol level of 0.19 about two hours after the crash.

Brizzi blasted the quality of the police investigation, saying that someone at the scene should have recognized the officer's impairment and should have followed up to ensure procedures were properly followed.

The prosecutor also said that the department's handling of the case indicates that Bisard may have received special treatment.

On Wednesday, sources told 6News that Bisard violated the department's Emergency Vehicle Operations policy by speeding and running his sirens as he was on a run to serve a misdemeanor warrant when the crash happened.

Under IMPD policy, department vehicles are to be operated under emergency conditions only when the officer is responding to a reported or confirmed emergency situation.

Crash investigators said Bisard was traveling at minimum of 70 mph when he struck the two motorcycles.

Police said they will not comment on the policy or any other aspect of the investigation while the case is still pending.

Bisard was charged with operating while under the influence causing death, a Class B felony; operating while under the influence causing death, a Class C felony; reckless homicide, a Class C felony; and four counts of operating while under the influence causing serious injury, Class C felonies.

Bisard is suspended pending termination from the department. On the most serious charge, he could be sentenced to up to 20 years in prison, if convicted.

Last week, several defense attorneys told 6News that alcohol-related charges against Bisard may not hold up in court.

In the aftermath of the crash, Indianapolis Metro Police Chief Paul Ciesielski defended the department's handling of the investigation, specifically the decision to administer a blood draw of Bisard instead of a Breathalyzer test at the scene.

The police department's fatal accident crash team was called to the crash scene, but accident investigators did not call out the unit's on-call drunken driving deputy prosecutor to direct the investigation.
 

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Ain't that some bull excrement.
 

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gotta lov our wonderful legal system....:swear::swear::swear::swear:
 

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That is fraking rediculous.

First of all, any officer should be required to submit to a blood test when involved in an accident. I know that's how it is here. It's also required of all transit drivers.

Second, I'm guessing his buddies were trying to help him & that's why no one "noticed" his drunken state. Every officer who encountered the accident scene should be suspended and possibly terminated following an investigation by the State version of the FBI.

Finally, if it had been the other way around, there would have been no miscues & the person would probably already be convicted & serving time.
 

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No surprise. There's been a two year fued between the Ca Hwy. Patrol and the Napa police Dept. because a rookie CHP hooked up a 26 year Napa PD veteran for DUI (off duty). Apparently the rookie didn't know the unwritten rule that you either drive the cop home or call his wife to come get him. Cops (and judges) back other cops no matter what it seems. It's rare for a fireman to get ticketed or arrested too.
 

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If any of us slammed into a off duty cop & killed them we'd have death threats & 100's of cops in court demanding justice. This guy will walk, get a few charges from his department at best & the city make a settlement to the family.
 

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Discussion Starter · #8 ·
And it continues to amaze the people of the city how things get handled by the book. I am betting this is just the begining of the fired cops. With the FBI now involved, it will be interesting to see how much backpedaling goes on. Just off the press.

Alcohol-related charges against an Indianapolis police officer who was accused of drunken driving in a fatal crash will be dropped after a judge ruled that proper procedures weren't followed in the investigation.

Marion County Prosecutor Carl Brizzi said Thursday afternoon that in light of Judge Grant Hawkins' ruling, four counts of operating while under the influence, causing serious injury and one charge of operating while under the influence, causing death, will be dropped against Officer David Bisard. A reckless homicide and criminal recklessness charge will remain.

Slideshow: 1 Killed, 2 Injured When Officer Hits Motorcycles
More: David Bisard Probable Cause

Hawkins ruling meant specifically that Bisard, a nine-year veteran of the department, will keep his driver's license.

Bisard was on duty when he plowed into a group of motorcyclists stopped at a red light Aug. 6, killing Eric Wells, 30, and injuring Kurt Weekly, 44, and Mary Mills, 47.

At a news conference Thursday afternoon, Marion County Public Safety Director Frank Straub was visibly upset as he discussed the case and changes the department will make because of its missteps.

The FBI will be brought in to assist in the investigation, and a professional standards division will gain more oversight of operations.

"Our investigation failed," Straub said. "We are embarrassed."

Lt. George Crooks was removed as leader of the Fatal Alcohol Crash Team, a division that investigates fatal crashes that are the result of alcohol.

The FBI will specifically determine if there were violations of federal law in the handling of the IMPD investigation.

"I assure the public that this tragic accident will be investigated to the fullest extent, and justice will be determined in a court of law," Indianapolis Mayor Greg Ballard said in a statement. "We will work with the Federal Bureau of Investigation to determine if any violations of federal law occurred."

More: Ballard Will Address Developments at 7:30 p.m. Watch It Live Here

Brizzi said he decided to drop charges because the blood draw was improperly taken and will not be admissible.

"It wasn't conducted at a hospital, as it's defined under the statute, and it wasn't performed by someone who has the legal requirements necessary," he said, adding that a lab tech at a clinic performed the draw.

Brizzi said authorities aren't questioning the results of the blood draw, which showed Bisard registered a blood-alcohol level of 0.19 two hours after the crash, just the way it was obtained.

Brizzi also blasted the quality of the police investigation, saying that someone at the scene should have recognized the officer's impairment and should have followed up to ensure procedures were properly followed.

"I am questioning their work at the scene. Every other person who we charge with operating a vehicle while intoxicated, we have probable cause affidavits," Brizzi said. "Officers are able to detect the odor of alcoholic beverages from several feet away, identify slurred speech, identify glassy eyes. I am frustrated, because there is an appearance … that something was amiss … and I'm not going to sugar coat it."

Brizzi went so far as to question the truthfulness of officers at the scene who said they didn't know Bisard was drunk, but wouldn't speculate about whether there was a cover-up.

The Rev. Stephen Clay, president of the Baptist Minister's Alliance, also questioned the investigation.

"You can smell onions on a person's breath. You can smell chocolate on a person's breath. But the public is asked to believe that these officers who stop and identify drunk drivers on a daily basis had no clue as to whether this officer was intoxicated or not?" he asked. "I'll tell you what we smell is another attempt by IMPD to cover up for one of their own."

Indianapolis Metro Police Chief Paul Ciesielski said the investigation is up front and honest.

"We promised an open, thorough investigation, and you're getting it," Ciesielski said.

Hawkins ruled that because no officers at the scene said they thought Bisard was drunk and because a portable breath and field sobriety tests were not administered, there was no probable cause for a blood draw to be taken in the first place.

"Obviously, we're pleased with the judge's ruling, and we're going to leave it at that and go forward with the case," said John Kautzman, Bisard's attorney.

A relative of Wells who didn't want to be identified told 6News that the botched investigation is disturbing to the family.

"We are very disappointed and aggravated, but not surprised," the relative said, adding that the family believes the officer received special treatment.

In the immediate aftermath of the crash, Ciesielski defended the department's handling of the investigation, specifically the decision to administer a blood draw of Bisard instead of a Breathalyzer test at the scene.

Bisard is suspended pending termination from the department.
 

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The police are definataly in the wrong here, but how about them scumbag defense attorneys, this guy should be given a public defender and lets see how far he gets.
 

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drunk cop

did anyone really believe it would be handled different.our sheriff is in jail for drunk driving lost his job his reputation,people in the east must really be forgiving,hang the F#$ker
 
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It's no relief or comfort to those injured and dead and thier families. My heart goest out to them.

But the blood evidence will be admissable in a civil suit. And now they have one against the Shariffs office as well.

The oversight nessesary to eliminate this good old boy look the otherway attitude is soarly needed. That officer should not have been allowed to continue his drinking to the point of such a tragedy. If his fellow officers were honorable they would have called him on it long before this. This kind of behavior doesn't go unnoticed.

It's a travisty any way you look at it. And it's happening all over the country to some extent.
 
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