FBI looks into Bisard's Hardees stop

INDIANAPOLIS (WISH) - 24-hour news 8 has learned that the FBI visited a Hardees restaurant located at 921 East Washington Street. We've learned from several sources that Bisard visited the restaurant about 1:50 the afternoon of the crash.

He spent about 30 minutes there after he had his blood drawn at Methodist occupational health. The FBI took a copy of the DVD from the surveillance video.

The restaurant general manager told us, "Hardees is cooperating fully with the investigation."

Meanwhile we've been doing some investigating of our own. We want to know why trained officers took David Bisard to the wrong facility for his DUI blood draw. Police blame the prosecutor. The prosecutor blames the police.

After the crash that killed one motorcyclist and seriously injured two others, David Bisard wasn't taken to a hospital.

He was taken here to a clinic for his DUI blood draw, and a lab technician drew his blood. That doesn't meet the requirements of state law.

The law changed in March mandating, blood be drawn either at a hospital or by specific medical personnel.

"There was not any information brought forth by the prosecutor's office to inform the FACT team (Fatal Alcohol Crash Team) of those changes," said Bill Owensby, president of the Fraternal Order of Police.

But the prosecutor says that's no excuse. Even though some aspects of the law had changed, police protocol has not.

"There have been thousands, literally thousands of blood draws over the several five years at least. 600 last year alone where the defendants were taken to a hospital, not taken to a clinic. None were taken to a clinic," said David Wyser, Marion County Chief Deputy Prosecutor.

"The blood draw is in the event of a suspected DUI or impaired driver. No way anyone suspected officer Bisard of being impaired in any way shape or form," said Owensby.

But the police knew the blood draw was necessary in an accident resulting in a fatality or serious bodily injury. So why didn't they take him to the same facility they would take anyone else?

"Well, I don't know. I didn't make the decision to take him there. I simply responded to that location. The information I was given was that was deemed to be part of Methodist Hospital." said Owensby.

But Methodist Occupational Health is a clinic, not a hospital. So at that facility only specified personnel can draw blood to be used in a court admissible blood alcohol test.

Because police took Bisard to the wrong facility, the test, showing Bisard had a blood alcohol level of point-one-nine was thrown out.