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Last updated on Wednesday, June 1, 2011
(INDIANAPOLIS, IN) - A Marion County Superior Court Judge on Tuesday threw out blood alcohol evidence relating to DUI charges against suspended Metro Police Officer David Bisard.
The decision comes as a victory to Bisard's defense which argued the blood draw was done incorrectly.
However, Judge Grant Hawkins left open the possibility that the prosecution might be able to use the same evidence for the remaining criminal recklessness charge, which is also the subject of a July 28th hearing.
Marion County Chief Deputy Prosecutor David Rimstidt says they're still considering appealing the judge's decision on the DUI charges.
Rimstit says the judge's decision makes their overall case against Bisard much more difficult to argue.
The blood draw was taken on Bisard who is accused of driving his squad car under the influence and hitting a group of motorcyclists, killing 30-year-old Eric Wells and severely injuring two others.
Former Marion County Prosecutor Carl Brizzi dropped initial alcohol related charges against Bisard.
However, those charges were re-filled last fall by incoming Prosecutor Terry Curry.
Meantime, the case will not go to trial this year.
The judge says the change of venue motion in the case isn't likely to even come up for consideration until next year.
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