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No Comment From Officer In DUI Fatality
The Indy Channel ^ | August 11, 2010 | News 6

Posted on 08/13/2010 12:22:28 PM PDT by Fundamentally Fair

INDIANAPOLIS -- An Indianapolis police officer charged with seven felonies in a fatal crash in which prosecutors said he was intoxicated had nothing to say as he walked resolutely into court for an initial hearing Thursday.

Officer David Bisard, a nine-year veteran of the department, was on duty when he plowed into a group of motorcyclists stopped at a red light Friday, killing Eric Wells, 30, and injuring Kurt Weekly, 44, and Mary Mills, 47.

According to the probable cause affidavit, Bisard was driving between 65 mph and 70 mph in a 40 mph zone when he struck the bikes, and he was intoxicated, registering a 0.19 blood-alcohol level.

Ciesielski defended the department's handling of the investigation, specifically the decision to administer a blood draw of Bisard instead of a Breathalyzer test at the scene.

"There's a process that has to be done for these types of accidents, especially when there's a fatal accident involved. The process is you draw blood rather than take a breath test, because it is more accurate," he said. "If it's just a DUI arrest or just a traffic stop, the Breathalyzer machine is an accurate machine … but for these types of cases that you can be criminally charged because of a death, we want the blood test." SNIP Bill Owensby, president of the Fraternal Order of Police, said he and other officers are puzzled about how Bisard's blood-alcohol level was more than two times the legal limit as he was on duty at 11 a.m.

"I certainly don't know what goes on behind closed doors, but I can tell you that I've talked to many officers that ... worked with him, that were close to him, and no one has ever seen any sign of needing intervention," Owensby said.

(Excerpt) Read more at theindychannel.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Indiana
KEYWORDS: donutwatch
Bill Owensby, president of the Fraternal Order of Police, said he and other officers are puzzled about how Bisard's blood-alcohol level was more than two times the legal limit as he was on duty at 11 a.m.

Not one of his union brothers came in contact with Bisard during his watch? I doubt it.

1 posted on 08/13/2010 12:22:28 PM PDT by Fundamentally Fair
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To: Fundamentally Fair
Bill Owensby, president of the Fraternal Order of Police, said he and other officers are puzzled about how Bisard's blood-alcohol level was more than two times the legal limit as he was on duty at 11 a.m. ...

Well, dumb-a$$es, it's like this -- He got WASTED while he was on duty.

So, Are you STILL 'puzzled', or are you better now?

2 posted on 08/13/2010 12:26:31 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: Fundamentally Fair

I’m surprised his blood test wasn’t lost.


3 posted on 08/13/2010 12:26:52 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

This is too big a f-up to lose the blood test. You can’t easily slide this under the rug and not expect your own reputation not to be harmed. This guy is dead to rights, there is no way to justify or rationalize it, they will not stick their own necks out for a lost cause.

Police stick together but not for something THIS stupid and THIS obvious and THIS unsupportable.


4 posted on 08/13/2010 12:30:02 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: driftdiver

Think about it, the blood test is the perfect alibi for his other cops NOT to support him. “Well Fred, what the hell, you were at .19, what am I supposed to do?”


5 posted on 08/13/2010 12:31:00 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Secret Agent Man

There was another one where the cop was caught on dashcam blowing by another cop and hitting a car killing two teenagers. He got off despite empty bottles and the dashcam.


6 posted on 08/13/2010 12:34:17 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Fundamentally Fair

So sad.

Sign of the times, people’s lives are spiraling out of control.


7 posted on 08/13/2010 12:38:25 PM PDT by TheDailyChange (Politics,Conservatism,Liberalism)
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To: Fundamentally Fair

He was also processed - in and out of jail in 45 minutes, then went HOME for five days, and his license was only just suspended. I can tell you this is absolutely unheard of in Indy. If it were a non cop - they’d likely be in jail with a huge bond and license immediately suspended, with at least an 8 hour stay in jail.

It’s disgusting. A lot of people are up in arms about it. I have no clue what interest people would have in helping this guy out. IMPD is a joke.


8 posted on 08/13/2010 12:39:56 PM PDT by The Worthless Miracle
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To: driftdiver
I’m surprised his blood test wasn’t lost.

What's the hurry? There is still time to lose it or swap it for the real one. You know, the one with a 0.001 reading.

9 posted on 08/13/2010 12:42:03 PM PDT by An Old Man
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To: Fundamentally Fair

We need a DA who would seek the death penalty and Jury who would render that verdict.

THIS would send the only message these criminals who purport to be officers of the peace will understand.

When we start HANGING them for their abuses.


10 posted on 08/13/2010 12:43:18 PM PDT by RachelFaith (2010 is going to be a 100 seat Tsunami - Unless the GOP Senate ruins it all...)
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To: Secret Agent Man
This one is a bit worse, but on par with this story out of Tennessee: Rutherford Co. Deputy Rehired After Fatal Wreck  

Same sort of thing. Cop is doing twice the speed limit and talking on the phone on the way to a call. He hits an 11 year old girl on her bike. He gets out and disposes of two liquor bottles. When the cops show up, bystanders are threatened with arrest for trying to report the bottles. The guy is whisked away and shows up for his blood test three hours later.

Meanwhile, witnesses get the bottle…on is in a trash can and inside a bag with the cop’s credit card receipt.

He’s back on the job.

11 posted on 08/13/2010 12:44:00 PM PDT by Fundamentally Fair (Bush: Mission Accomplished. Obama: Commission Accomplished.)
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To: driftdiver

They’ll lose the documentation on the machine used to analyze the blood ,, the calibration records or some such thing..


12 posted on 08/13/2010 12:53:24 PM PDT by Neidermeyer
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To: WayneS
He got WASTED while he was on duty.

Not necessarily. A long term drinker develops an amazing resistance to alcohol. A real alcoholic drinker can ingest enough alcohol to send a non drinker to the hospital and still remain cogent and rational.

So, it is quite common for heavy drinkers to get up to 1.0 or so at midnight, try to sleep it off and still wake up with a significant amount of alcohol in their system, although they themselves will not even know that they are drunk because they are so used to it.

Also, with long term heavy drinking, your body will lose the ability to rid itself of alcohol. It takes much longer for a middle aged alcoholic to recover from a fifth of whiskey the night before than it would for a teenager to late twenties. They can drink until they puke and get up the next morning with only minor ill effects. An older drinker will remain drunk much longer.

In fact, in my interactions with the police on this matter, I explained that you are just as likely to pull over a DUI from 5am to noon, as you are after dark. The drunks driving ‘after dark’, giving everyone pulled over a DUI test just because it is dark, is a psychological issue and is not born out practically by fact. People driving with a hangover are just as drunk as people beginning their drinking in the evening.

So, my thesis, my experience is, that this guy got sh@tfaced the night before, has a history of drinking, and likely drank well into the morning before his shift.

He may have been drinking on the job, but it is just as likely that he was just still wasted from the night before. His level does not prove he was drinking on the job. Now had he been on shift for 12 or more hours, it would be a different story.

Would be interesting to know if they did the drug screen as well.

For what it is worth...out

13 posted on 08/13/2010 12:54:01 PM PDT by 240B (he is doing everything he said he wouldn't and not doing what he said he would)
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To: Fundamentally Fair

Remember kids....you pesky civilians who had a beer or wine before dinner will be stopped and questioned at East German style roadblocks where they will make a mockery of your 4th & 5th Amendment rights.

Cops, on the other hand, are at liberty to close ranks and maintain a code of silence. I doubt we’ll hear from MADD on this one either.


14 posted on 08/13/2010 1:10:06 PM PDT by relictele (Me lumen vos umbra regit)
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To: Secret Agent Man
The shooting in Vegas is both this corrupt and this obvious.
15 posted on 08/13/2010 1:19:12 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: relictele

Additionally:

“If it’s just a DUI arrest or just a traffic stop, the Breathalyzer machine is an accurate machine … but for these types of cases that you can be criminally charged because of a death, we want the blood test.”

Translation:

The breathalyzer is good enough to ruin your life, but not good enough to ruin a cops life.


16 posted on 08/13/2010 1:21:21 PM PDT by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: Fundamentally Fair

He has only one defense...claim he’s an illegal alien!!!


17 posted on 08/13/2010 1:24:37 PM PDT by Oldpuppymax
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To: WayneS
He got WASTED while he was on duty

If he can ask me what I have in my MickyDs cup, I think we ought to ask them the same question.

18 posted on 08/13/2010 1:29:29 PM PDT by Cletus.D.Yokel (FreepMail me if you want on the Bourbon Ping List.)
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To: TheDailyChange

“Sign of the times, people’s lives are spiraling out of control.”

Some peoples lives are out of control no matter what time you live in. There was probably a caveman whose life spiraled out of control when he ate some bad mushrooms and smacked that Sabertooth upside the head.

It happens to people when they have problems they think they can’t deal with. Some people turn to drugs (legal or illegal), some to alcohol.


19 posted on 08/13/2010 2:08:24 PM PDT by dljordan ("His father's sword he hath girded on, And his wild harp slung behind him")
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To: 240B

A long term drinker develops an amazing resistance to alcohol.

I once blew a 2.4 after having slept for 7 hours.

I don’t drink anymore.


20 posted on 08/13/2010 3:29:21 PM PDT by maine yankee
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To: Fundamentally Fair; martin_fierro

An interesting compliment to yesterday’s thread . . .


21 posted on 08/13/2010 3:39:54 PM PDT by BraveMan
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To: Fundamentally Fair
Even more interesting, he'd been given awards by MADD for busting DUI's so well while on the job.

MADD, by the way, asked that he be treated no differently than any other DUI, despite their previous support. (And good for them!)

22 posted on 08/13/2010 3:42:18 PM PDT by Teacher317 (remember dismember November)
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23 posted on 08/13/2010 3:52:46 PM PDT by martin_fierro (< |:)~)
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To: Fundamentally Fair
The process is you draw blood rather than take a breath test, because it is more accurate," he said. "If it's just a DUI arrest or just a traffic stop, the Breathalyzer machine is an accurate machine … but for these types of cases that you can be criminally charged because of a death, we want the blood test."

Translation:

'Breath test is fine for ordinary folks, but when it's one of us, we require real evidence.'

24 posted on 08/13/2010 6:25:49 PM PDT by PAR35
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To: Fundamentally Fair
Not one of his union brothers came in contact with Bisard during his watch? I doubt it.

Bisard was a Metro K9 Patrol officer, meaning he was outside the usual IPD supervisory chain-of-command, available to respond anywhere in the Indy metro area. accordingly he missed out on the usual roll calls and supervisory contact.

I expect you'll see a change in that procedure.

25 posted on 08/15/2010 9:00:51 AM PDT by archy (I'd give my right arm to be ambidextrous!)
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