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Last updated on Monday, April 29, 2013
(LAWRENCE) - Suspended IMPD officer David Bisard was involved in a crash in Lawrence Saturday afternoon. His blood alcohol content tested at .17 percent, according to a police report.
WISH TV8 reports that this happened in the 10000 block of Indian Lake Blvd. South Drive around 2:30 p.m.
A neighbor in the area says she heard a loud crash. When she ran to the scene, she says she saw a man, in his truck who appeared to have been drinking.
"When he got out of the vehicle, my neighbor and I both looked at each other, because we could tell he had been drinking," she said. "And she asked him if he had been drinking and he said he had not. I just kept asking if he was okay. I ran up to call 911. When I came back downstairs that's when my neighbor said his name was David Bisard."
An officer arrived to the scene.
According to a police report, when asked if he had consumed any alcohol, Bisard at first said, "No nothing." Bisard then continued, saying, "I'm not really sure. I've been drinking since noon and I'm not gonna say I've had two like everyone else does." Bisard then said to the officer, "I know you know who I am. I messed up today. If you guys can cut me a break I promise I will never drink again."
Bisard tested a .17 percent at the scene, more than twice the legal limit and was booked into the Marion County Jail.
In August 2010, Bisard is accused of hitting three motorcyclists with his IMPD squad car while drunk, killing Eric Wells, 30 and injuring Mary Mills and Kurt Weekly. Prosecutors say Bisard was drunk at the time. He is charged with operating a vehicle while intoxicated, reckless homicide and criminal recklessness.
Marion County Judge Grant Hawkins initially said blood evidence that prosecutors say proves Bisard was drunk at the time of the August 2010 crash was inadmissible in court because it was improperly drawn. An appeals court overturned that decision.
24-Hour News 8's Karen Hensel called Mary Wells, Eric's mother, Saturday afternoon when the first reports Bisard had been pulled over came in. She said, "Oh my God. It is why we begged them to take his license."
The Marion County Prosecutor's Office said Sunday that the commissioner has set a $25,000 surety bond in this new arrest. Prosecutors had asked for no bond, and the commissioner had taken that under consideration.
Marion County Deputy Prosecutor Denise Robinson says she will ask a judge in Allen County Monday to revoke bond in Bisard's first case.
"In a bond situation, there is an implication that you're not going to further violate the law," Robinson said. "But we also have the standard innocent until proven guilty. So, while it's not a direct violation of bond, our argument is that it goes to show he presents a danger to the public."
Bisard's trial for the 2010 crash was moved to Allen County. A trial date has been set for October 15 in Fort Wayne.
Robinson says in 2010 the state moved to have Bisard's license suspended. She says the judge ruled against them on that, but, she says, license suspension is only good for a certain amount of time. And, that would have lapsed by now, no matter what the judge ruled.
Robinson also says this arrest is not admissible in Bisard's prior case. The FOP has supported Bisard and paid in support of his legal defense. A source tells 24-Hour News 8, at the FOP's meeting Thursday, officers will be allowed to vote about continuing support.
The President of the FOP would not comment on the matter.
Bisard's court appearance for this latest arrest is set for Wednesday at 8:30 a.m.
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