DUI charges dropped for drunk Indy co...

DUI charges dropped for drunk Indy cop who kills motorcyclist

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Otis

West Decatur, PA

#1 Aug 21, 2010
The drunk Indianapolis Metro cop that plowed into three motorcycle riders with his police cruiser, killing one, gets the DUI charges dropped. Looks like his buddy's "slipped up" at the scene, what a shock. No wonder people don't trust the ones who are there to "serve & protect" us.

"Hours earlier, Marion Superior Court Judge Grant Hawkins ruled there was no probable cause to suspend Bisard's driver's license because officers at the accident scene didn't suspect he was drunk before asking him to consent to the blood test."

http://www.foxnews.com/us/2010/08/19/dui-char...
Big surprise

Terre Haute, IN

#2 Aug 21, 2010
This is so ridiculous it is almost not worth talking about! This is the purest form of stupidity there is. This douche bag tested positive for alcohol and will NOT BE CHARGED FOR IT!!!!!!!!!! ARE YOU FREAKING JOKING? THIS HAS GOT TO BE SOME KIND OF FREAKING PRANK!!! So yes he will go to court and be charged and the city will pay, a minimum surely, to the families. This moron will probably keep his job as well...hopefully its just a desk job!

I am so sick of injustice for officials, cops...fireman....government. REALLY?

What a great society we live in!
Gerry

United States

#3 Aug 21, 2010
Wow that sucks but had he been a Terre Haute cop he would have got a medal. In TH they really pride themselves on corruption and their nazi style on law
Cock Sickle

Terre Haute, IN

#4 Aug 21, 2010
Otis wrote:
The drunk Indianapolis Metro cop that plowed into three motorcycle riders with his police cruiser, killing one, gets the DUI charges dropped. Looks like his buddy's "slipped up" at the scene, what a shock. No wonder people don't trust the ones who are there to "serve & protect" us.
"Hours earlier, Marion Superior Court Judge Grant Hawkins ruled there was no probable cause to suspend Bisard's driver's license because officers at the accident scene didn't suspect he was drunk before asking him to consent to the blood test."
http://www.foxnews.com/us/2010/08/19/dui-char...
Read the article though, its far from over fo this guy. Reckless homicde is going to carry a pretty good sentence, probably 5-10 out in 3. This guy is never gonna work again and the family if they are smart will sue him. It could end up like the OJ thing, this guy will never have a penny of his own the rest of his life. The officer that didnt follow procedure, or couldnt tell that he had been drinking-he/she should lose their job. If they cant spot-smell a drunk maybe they shouldnt be a cop
Otis

West Decatur, PA

#5 Aug 21, 2010
Cock Sickle wrote:
<quoted text>Read the article though, its far from over for this guy.
The guy didn't even lose his driving privileges.....what a joke our system is.
Cock Sickle

Terre Haute, IN

#6 Aug 21, 2010
He will get his. Obviously nowhere near what he desrves but life as he knew it is over in a big way. This unemployable cop will never work again in law enforcement once this is over, let alone anywhere else. You are forgetting, this isnt Terre Haute, this isnt Bob Wright and Barbara Brugnuax its Indianapolis. I seriously doubt that with the national media coverage that this is going to go the way of a rich daddy, a vacation to Florida and a Scott Free sentence
jackmeoff

United States

#7 Aug 22, 2010
"WELL SH$T" jack me off.
county boy

Chicago, IL

#8 Aug 22, 2010
yep i promise you if he would of done it here, and i was the officer, would'nt matter he would of went to jail. Indiana says anyone will take a test if there involved in a serious accident..PERIOD........so it is corruption on the INDY SIDE OF THINGS
High-In-The-Haut e

United States

#9 Aug 22, 2010
Between criminal and civil court, the guy is toast. The DUI mess is a black eye for Indy po po.
Cledus

West Terre Haute, IN

#10 Apr 29, 2013
Officer David Bisard was drunk & driving his Indy squad car when he plowed into the stopped motorcycles killing one of the riders. He was suspended from the department but never lost his job or even his license.

Surprise!! This week he does it again & crash's his own vehicle while OWI. Looks like even though his uniformed buddies "accidently" forgot to take a BAC after he killed the motorcyclist the first time the hospital got one this time.
Momma

United States

#12 Apr 30, 2013
Keep Calm and Carry On wrote:
<quoted text>
They did obtain a BAC in the 2010 incident. And...that BAC is being used as evidence against him. The reason he didn't lose his license originally is because the BAC was ruled inadmissible by the courts. Traditionally, breath tests obtained on the street are not allowed to be used as evidence at trial. Unfortunately, someone screwed up the blood draw and there was a lengthy appeals process regarding the sample. If you're implying there was an attempted cover up, at least you can be happy that the BAC evidence is now "in" and, if the prosecution is clever, they'll figure out how to work this new charge against him in the old case. Good thing no one was hurt in the most recent accident.
Been wondering where you were. Things have been mighty boring without you.
River Rat

Terre Haute, IN

#13 Apr 30, 2013
Come on Momma, it hasn't been that bad!
Momma

United States

#14 Apr 30, 2013
River Rat wrote:
Come on Momma, it hasn't been that bad!
There haven't been many good discussions. Just the usual who's screwing who and how well, who's a snitch and more paranoia.
Cledus

Terre Haute, IN

#15 Apr 30, 2013
Keep Calm and Carry On wrote:
<quoted text>
They did obtain a BAC in the 2010 incident. And...that BAC is being used as evidence against him.
There was no BAC taken at the scene because his fellow officers "goofed". I do believe that his fellow officers intentionally did not take his BAC at the scene. His BAC was taken at the hospital several hours later. Several officers were demoted shortly after the 2010 accident for "screwing up" the accident investigation. They have since been promoted.

I do believe his fellow officers are botching things on purpose. The last I read was that someone "accidently" moved the blood evidence from a refrigerated confinement to a non-refrigerated confinement. This happened while in possession of the Indy Metro PD and in their evidence room. It sat at room temp for around 6 months making it void. How does someone who has to be knowledgeable on handling evidence "accidently" take a blood sample out of refrigeration & store it on a self somewhere?
Cledus

Terre Haute, IN

#16 Apr 30, 2013
store it on a "shelf" somewhere?

“The Ministry of Information”

Since: Jan 12

Terre Haute, In

#17 May 1, 2013
Cledus wrote:
<quoted text>
There was no BAC taken at the scene because his fellow officers "goofed". I do believe that his fellow officers intentionally did not take his BAC at the scene. His BAC was taken at the hospital several hours later. Several officers were demoted shortly after the 2010 accident for "screwing up" the accident investigation. They have since been promoted.
I do believe his fellow officers are botching things on purpose. The last I read was that someone "accidently" moved the blood evidence from a refrigerated confinement to a non-refrigerated confinement. This happened while in possession of the Indy Metro PD and in their evidence room. It sat at room temp for around 6 months making it void. How does someone who has to be knowledgeable on handling evidence "accidently" take a blood sample out of refrigeration & store it on a self somewhere?
At least the evidence is back in now. If there was an effort by the police to cover it up, they failed.

“Licensed Fool”

Since: May 12

Not laughing with you...

#18 May 1, 2013
Cledus wrote:
<quoted text>
There was no BAC taken at the scene because his fellow officers "goofed". I do believe that his fellow officers intentionally did not take his BAC at the scene. His BAC was taken at the hospital several hours later. Several officers were demoted shortly after the 2010 accident for "screwing up" the accident investigation. They have since been promoted.
I do believe his fellow officers are botching things on purpose. The last I read was that someone "accidently" moved the blood evidence from a refrigerated confinement to a non-refrigerated confinement. This happened while in possession of the Indy Metro PD and in their evidence room. It sat at room temp for around 6 months making it void. How does someone who has to be knowledgeable on handling evidence "accidently" take a blood sample out of refrigeration & store it on a self somewhere?
They don't test BAC at the scene in any OWI case. There was a blood draw done about 2 hours after the accident which showed .19% BAC. The problem with the case was that the blood draw was not done by a technician who was qualified under state law to do a blood draw for a criminal case.

The "goof" in the case was that no one noted that Bisard had been drinking. He was sent to a clinic for a checkup as part of routine procedure following an accident with a government owned vehicle and not as part of an OWI investigation. The blood draw was a part of that routine procedure. Thus the tech correctly did the blood draw and it was done within the correct time frame, it was just not done by a person with the correct set of credentials even though that person followed the correct process.

The evidence was initially thrown out for that reason but on appeal it came back in and is usable against him.
Cledus

Terre Haute, IN

#20 May 1, 2013
The Comedian wrote:
They don't test BAC at the scene in any OWI case.
????

Sure they do. They give a field sobriety test which leads to a field breathalyzer test in almost every OWI in Indiana when stopped. This is the first indication of BAC prior to going & taking the next breathalyzer test at the station or where ever. For some reason the Indy Metro department "forgot" to do any of this after he plowed into the motorcycles stopped at the light killing one.

All I can say is I hope there aren't as many "slip ups" this second OWI as there was in the first with this privileged POS. At least this time a judge suspended his license.

“Licensed Fool”

Since: May 12

Not laughing with you...

#21 May 2, 2013
Cledus wrote:
<quoted text>
????
Sure they do. They give a field sobriety test which leads to a field breathalyzer test in almost every OWI in Indiana when stopped. This is the first indication of BAC prior to going & taking the next breathalyzer test at the station or where ever. For some reason the Indy Metro department "forgot" to do any of this after he plowed into the motorcycles stopped at the light killing one.
All I can say is I hope there aren't as many "slip ups" this second OWI as there was in the first with this privileged POS. At least this time a judge suspended his license.
Field Sobriety is a test of impairment, not BAC. Determining BAC requires some sort of chemical test. The closest they come to determining BAC in the field is with a portable breath test machine or with horizontal gaze nystagmus but neither of those is a true measure of BAC.

True, IMP did not do any field sobriety tests and even the medical tech who examined Bisard has testified that she did not see any indication of alcohol. There is a still the driving behavior (running over people) coupled with the blood draw that can be used against him.

“The Ministry of Information”

Since: Jan 12

Terre Haute, In

#22 May 2, 2013
Cledus wrote:
<quoted text>
????
Sure they do. They give a field sobriety test which leads to a field breathalyzer test in almost every OWI in Indiana when stopped. This is the first indication of BAC prior to going & taking the next breathalyzer test at the station or where ever. For some reason the Indy Metro department "forgot" to do any of this after he plowed into the motorcycles stopped at the light killing one.
All I can say is I hope there aren't as many "slip ups" this second OWI as there was in the first with this privileged POS. At least this time a judge suspended his license.
Here's the deal Cledus:
BAC is not determined in the field. BAC is estimated in the field via BrAC (with a breathalyzer). Yes the police should have given one at the scene, I don't know why they didn't. It really doesn't matter. A breathalyzer is only used to get probable cause for arrest and the results are not usually used at trial, in fact, they're rarely admissible and easily rebuttable. That's why they always do a blood draw after the fact. In Bisards case, the blood draw was not purposefully fuc ked up by the police, it was just a string of technicalities that almost got the evidence thrown out. Thankfully, the appeals court put the blood evidence back in.

As for your claims of refrigeration issues, I think that's just some rumor mill crap.

ICOA:

Officer David Bisard of the Indianapolis Metropolitan Police Department had his blood drawn by a medical assistant following an accident in which one person died and two people were seriously injured. The State later charged him with several counts of operating while intoxicated and reckless homicide.
Bisard moved to suppress the blood test on multiple grounds. He contended that the medical assistant on duty had not followed appropriate protocols, and that in any event the Indiana Code prohibits medical assistants from drawing blood for these purposes. Largely agreeing, the trial court ruled that Indiana Code section 9-30-6-6 (2010) compels suppressing the evidence for purposes of the DUI charges, but not for the reckless homicide count.
We conclude that the medical assistant did in fact draw the blood in a way that followed physician-approved protocols, and that the statutes cited by Bisard do not reflect that the General Assembly intended to suppress blood evidence taken in a medical facility by a trained operator in the presence of the suspectís lawyer. We therefore reverse.

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