INDIANAPOLIS (WISH) - Blood tests showing Officer David Bisard intoxicated at the time of a fatal crash will not be allowed as evidence in the DUI charges against him, a Marion County Judge announced Tuesday.
Marion Superior Court Judge Grant Hawkins explained his ruling saying the woman who drew Bisard's blood is "not an appropriate person to have drawn the blood in this case."
READ MORE | View the judge's order
Jurors will, however, be allowed to hear the blood draw evidence when considering the charge of criminal recklessness against Bisard.
The next hearing in the case will be to argue the science behind the blood draw in regards to criminal recklessness charge. Bisard's attorney argues that the blood draw was not conducted properly.
Judge rejects evidence for six charges:1. Operating a Motor Vehicle with a BAC 0.15 or Higher Causing Death (Class B Felony)
2. Operating a Motor Vehicle While Intoxicated Causing Death (Class C Felony)
3. Operating a Motor Vehicle While Intoxicated Causing Serious Bodily Injury (Class D Felony)
4. Operating a Motor Vehicle with a BAC 0.08 or Higher Causing Serious Bodily Injury (Class D Felony)
5. Operating A Motor Vehicle While Intoxicated Causing Serious Bodily Injury (Class D Felony)
6. Operating a Motor Vehicle with a BAC 0.08 or Higher Causing Serious Bodily Injury (Class D Felony)
The prosecutor's office has 30 days to appeal the judge's decision in regards to the six drunken driving charges. It's called an interlocutory appeal.
The wife and parents of Eric Wells were sitting in the front row. His wife and mother were holding hands and wearing wristbands and arm bands in remembrance his name on it. Wells was killed in the accident. After the announcement the family memembers broke out into tears.
Mary Mills, who was also injured that day, sat in the back of the room. The last hearing lasted so long it was hard for her to sit through it. She had to learn to walk again after the crash.
On the opposite side of the courtroom was David Bisard and his wife.
The room was filled full of bikers standing strong; the same group that has been at every hearing.
In regard to other details of the case, the judge said there would be no decision on a motion to change venue for quite some time.
"It's not going to be ruled on any time soon, and I mean any time soon," Hawkins said in court, adding it could be more than a year.
The defense had also argued that new Marion County Prosecutor Terry Curry couldn't re-file the drunken driving charges against Bisard, after former prosecutor Carl Brizzi had made public statements about why he had dropped them. Judge Hawkins said in his written order that Brizzi's statements don't preclude Curry from refiling the charges.
Officer David Bisard tested well above the legal limit of alcohol in his system when he drove his Indianapolis Metropolitan Police car into motorcyclists, killing one and injuring two others.
Attorneys argued May 20 whether Indiana law upholds that the blood taken from Bisard was taken under the correct circumstances. Bisard's attorney argued the woman who took the blood wasn't among a list of medical professionals permitted to do so under Indiana law. The Prosecutor's office says she was properly trained, according to a different part of Indiana law.
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