INDIANAPOLIS -- 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.
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.
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.
Ryan Wells, whose brother was killed in the crash, said he believes fellow police officers lied on Bisard's behalf.
