UPDATE: A judge has ruled that David Bisard will stay in jail …
UPDATE: A judge has ruled that David Bisard will stay in jail …
Updated: Thursday, 06 Dec 2012, 8:42 AM EST
Published : Thursday, 06 Dec 2012, 3:56 AM EST
INDIANAPOLIS (WISH) - The case against IMPD Officer David Bisard is now well into its third year.
On Thursday afternoon, a judge will hear arguments from both sides on whether to move the case out of Marion County.
Prior to this, it was Bisard's blood draw that was in question; that battle is still going on in the state Supreme Court.
This case began in August 2010 when Bisard plowed his IMPD squad car into three motorcyclists.
The crash killed 30-year-old Eric Wells and injured two others, Kurt Weekly and Mary Mills.
Following the crash, Bisard was taken for a blood draw and registered a blood alcohol level of 1.9, over twice the legal limit.
Bisard’s attorney argued that the lab tech who drew the blood did not meet state requirements.
A state Appeals Court disagreed, ruling the blood is admissible.
"If it had been anyone else, this blood draw would not be in question," victim Mary Mills said following the Appeals Court decision. "I feel certain about this that if it had been me behind the wheel of that car, there would be a DUI charge. That's all there is to it."
That decision was appealed to the state Supreme Court.
The change of venue hearing is scheduled to begin at 1:30 p.m. Thursday at the City County Building.
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