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Bisard Speaks

The Indianapolis Metropolitan Police Officer accused of  killing one motorist and injuring two others in a traffic accident, is maintaining he is innocent.

David Bisard was involved in a crash on August 6th on the city’s northeast side.  He tested positive for being under the influence of alcohol, however those tests were thrown out because proper protocols were not followed.

While Bisard has not spoken publicly about the case, in text messages I have obtained, he tells his fellow officers he is innocent of the charges being levied against him and he complains about being abandoned by his fellow K9 officers…

I am so displeased with the k9 unit save for 2 people…u guys don’t believe in me at all…i am innocent & u all have let outside people influence ur opinions of me…i haven’t heard from any of you except for the 2.  I sent this to you because I had a lot of respect for you before all of this and I don’t care if you spread it around the unit but you had better relay my innocence because that is what i am INNOCENT

I will let you draw your own conclusions about Bisard’s message.  However, even though the alcohol charges were dropped, he still faces reckless homicide charges and I frankly don’t see how you can put on an effective defense  without taking the witness stand to testify to your state of mind.

And by writing these text messages, they are now part of the public record and anything you say can, and likely, will be used against you in a court of law.

  • Taxpayer 834512

    Innocent until proven guilty. But, I’d feel safer if I knew our officers were getting breathalyzed like the average citizen and it’s one strike (DUI) and you’re out. This has been changed?

    Their job is virtually impossible, but in my opinion this isn’t too much to ask of public safety employees.

  • http://twitter.com/IndyStudent Matthew Stone

    You left out a part, taxpayer. “Innocent until proven guilty in a court of law.” It’s a matter of public record that Bisard was involved in a crash that ended up with one dead and two injured.

  • On the side of blue

    I would have to echo Taxpayer’s summary above & add the following;
    There have been so many rumors circulated surrounding this case, none of the least is the one that the BAC report was inaccurate (.019 as opposed to 0.19) and that this claim is being covered up by the prosecutor’s office because if it were true, then every BAC reported from this lab would come into question and the courts would be flooded with appeals to have DUI convictions overturned from the possible lack of proper or correct reporting. I, along with many others are still awaiting the FBI report on the whole incident and am hopeful that it will shed some light on the matter.

    All that being said, the way Officer Bisard operated his motor vehicle was at the very least reckless. Someone responding emergent to a call MUST approach an intersection or any congragation of cars with due regard for all traffic they may encounter. It does not matter if you have a green light or if cross traffic is stopped. You ALWAYS approach any group of cars with the anticipation that someone will either not react to your warning devices (lights and siren) or they may overreact or freeze. You have to be in control of your vehicle and be able to navigate obsticles that develop in a split second. Approaching an intersection in excess of 60 mph is imply not wise much less a safe practice, I don’t care how many times you’ve done it before without incident.

    Bisard may be innocent of the alcohol related issue, (FBI report pending) however I see no argument for the fact that operated his vehicle in a careless/reckless manner and cost someone their life, and life changing injuries to two others.

  • Erin

    I too have heard the .019 versus .19 rumor combined with the clai that the .19 report came from Carl Brizzi (before the BAC was actually confirmed) to a media source in a text message. One of the problems with Brizzi not even trying to get the BAC entered into evidence (even if it would have been thrown out) is that the actual alcohol level has never been known independent of Brizzi sources. Had he tried to introduce the BAC, then the actual level would have been known even if it was then thrown out. I have no idea if that rumor is true, but certainly when you look at the evidence of people who saw Bisard earlier that morning at his daughter’s little league game, the alcohol purchase the night BEFORE and think about what it would mean to test at .19 hours after the crash, there are a lot of very strange things in this case.

    I agree with on the side of blue that we need to see the FBI report (or any report verifying Brizzi’s BAC level claim). This was a horrible tragedy made immeasurably worse by post-accident actions by a lot of people.

  • MH

    In your radio commentary regarding this, you stated that other than Bisard’s attorney, that no communication had came forth from him, other than this, “technically”..Bisard made no public communication. Rather, he sent that group text (apparently) to the K-9 unit as a private message, which apparently was dessiminated by one or more of them, to you, who made it public. Sure, the MCPO could maybe subpoena his cell texts, but the only one guilty in this context, is the betrayal of trust by the leaker, and you, Abdul. Not sure what they or you hope to gain by this, but whatever (Disclaimer: This is NOT a ‘blue code of silence’ or some other BS media term violation, but rather someone who has taken it upon themself(ves) to shit on the guy)

  • MH

    In your radio commentary regarding this, you stated that other than Bisard’s attorney, that no communication had came forth from him, other than this, “technically”..Bisard made no public communication. Rather, he sent that group text (apparently) to the K-9 unit as a private message, which apparently was disclosed by one or more of them, to you, who made it public. Sure, the MCPO could maybe subpoena his cell texts, but the only one guilty in this context, is the betrayal of trust by the leaker, and you, Abdul. Not sure what they or you hope to gain by this, but whatever (Disclaimer: This is NOT a ‘blue code of silence’ or some other BS media term violation, but rather someone who has taken it upon themself(ves) to shit on the guy)

  • Think Again

    This is incredible information. At the risk of being the Doubting Thomas, even IF you can trace the text to Bisard’s phone, how do you know he sent it? Someone stole my phone a couple months ago and sent e-mails and texts to lots of folks, in the tw-hour period it took Verizon to shut the damned thing down.

    The level of alcohol in his blood is a technical discussion that qualified individuals can udnertake. The fact he had ANY alcohol in his blood while on departmental duty is a violation of General orders and common sense.

    The only exception might be: if a city-wide emergency occured, and off-duty officers were dragged out of a wedding reception or something. So there are some very rare circumstances where an LEO might have alcohol in his system. But it’s damned rare.

    It will be interesting to see if any other media reports this, and if so, how.

    Abdul, just when you take me to the edge, like your lapdog Ballard nonsense, or that silly Jana Scott interview this morning, you pull out some good reporting and digging like this. Norm Cox is likely drooling this morning.

    Okay, that made me throw up in my mouth a little.

  • Anonymous

    With the facts in evidence, I don’t see any chance at a conviction for any of the remaining charges. The .19 just never made sense to me based on the timeline provided and the witnesses at the scene not noticing. .019 from the K9 party the night before just makes a lot more sense.

  • Ramon

    Don’t forget the clinic where the test was given is certified by the federal government and is used for federal cases. The person who administered the test is also certified. Mistakes can be made but this is not some second class clinic with lack of experience in doing this testing.

  • Blog Reader

    I have heard for awhile that evidence will come out that the BAC was .019. Mouthwash can cause this, so to say that you can have 0.00 in your body while on duty would not be true. Cough medicine as well can cause this The BAC is a moot point and would not even be able to be brought up in court on his current charges.

    If he was not intoxicated, I believe we will hear this from the FBI in their findings. I would hope so at least because It sounds like that chain of command was not what it was suppse to be either with the heat that day and the transportion of the sample to the Police evidence room, etc. Too many variables that could cause this to show a .19 other than intoxication becaue of proper handling of the Blood Sample. I tend to believe if his BAC was anything it was .019. We shall see. We do not have the dash cam from his car which could also show a lot. We also do not have his voice transmissions, cell phone records, texts (if any) from the time he went on this call until the accident. I believe that will come out as well in the near future.

    The message board mentality that many have of the kill him, make him pay, complain that he does not speak, are complete IDIOTS and prove it each time they post. It is the same 7-8 people posting as well of which I am reminded daily in email by those who view their site. 99% of them can’t spell, spend 90% of their day online without a job, don’t wear helmets when they ride their bikes, then wonder why their friends die when hit by a 2K lb vehicle. Utter ignorance is what it is. They would be doing what their attorney told them to do as well. You keep your mouth shut until your day in court. All of the monies the bikers have collected from the numbers they say show up for these rides do not add up in monies, so one would believe they are lining their pockets as well. Maybe that is why they keep having vigils, and post online, so they do not have to work except for donations they get for the victims which it appears at not all going to them.

    I am not saying that what happened wasnt bad but that does not make the person that did this bad. The jury will decide his future in a court of law. He shouldn’t be tried by message board posters who cannot even spell and the only thing they say is “if that was me, I would still be in jail” They are probably right. They would not have had the money to bail themselves out. Bisard did, which was his right.

  • Think Again

    I tend to agree with the wait-and-see attitude, Blog Reader, in most cases, but after I read your “mouthwash” comment, I called a friend who does this regularly. The mouthwash observation is like too many original comments I saw here: (likely) hogwash.

    It isn’t difficult to locate backup evidence of my conclusion. Here’s a link:

    http://www.lawyers.ca/impaired/pages/mouthalcohol.htm

    So, unless Mr. Bisard used alcohol-laden mouthwash 2-5 minutes before the test, the effect is likely zero on his BAC.

    Do they teach this urban myth stuff somewhere? If so, they need to stop.

    We have heard that perhaps, the BAC test was administered by a person(s) not fully-accredited. We have not heard that the IMPD escorting officers allowed Bisard to violate common sense and protocol and General Orders, to allow Bisard to use mouthwash as he walked into the clinic for the BAC test.

    So can we finally put the BAC nonsense to bed? He likely had alcohol from licensed product, of some level, in his system. Period.

  • Blog Reader

    Think Again, mouthwash, nyquil, cough syrup can cause a false positive for a BAC. Did you also read anywhere about the improper handling of blood and centrifuging and heat that can also cause a false positive? Again, I am not going to come to the conclusion you have that he most likely had alcohol in his system. It is actually a moot point anyway because it is not admissable in a court of law. Those charges were dropped. Ultimately it doesn’t matter what you or I think about the entire case because we won’t be deciding it. We can have our opionions, but they count for nothing in this case.

    If a jury finds he needs to serve time, then I am sure the judge will sentence him to serve time, but it will not be a life term or anything near that that the facebook message board bikers think he will get.

    Q. Will mouthwash interfere with the results of a breath alcohol test?

    A. Yes. Proper test procedure requires that the subject have nothing in their mouth for 10 to 15 minutes prior to testing. If the subject has anything with alcohol in their mouth just prior to testing, the alcohol in their mouth will contaminate the test, giving an artificially high reading. However, 15 minutes is sufficient time for all mouth alcohol to be dissipated.

    Honestly we do not know what he did when he arrived at the clinic. Maybe he was vomiting and then gargled with mouthwash. We honestly do not know.

    http://www.drunkdrivinglawyers.com/dui-cough-syrup.htm

    Can a driver really receive a DUI citation for drinking cough syrup?

    Unfortunately, the short answer is yes. With regard to determining a driver’s blood alcohol content, the laws of all fifty states do not differentiate between intoxication caused by cough syrup versus beer, wine, or hard alcohol. States have unanimously decided that the value of protecting the safety of its citizens by severely penalizing intoxicated drivers trumps any call for leniency or differentiation between types of alcoholic intake.

    Good talking with you and voicing our opinions and thoughts.

  • Blog Reader

    Think Again, mouthwash, nyquil, cough syrup can cause a false positive for a BAC. Did you also read anywhere about the improper handling of blood and centrifuging and heat that can also cause a false positive? Again, I am not going to come to the conclusion you have that he most likely had alcohol in his system. It is actually a moot point anyway because it is not admissable in a court of law. Those charges were dropped. Ultimately it doesn’t matter what you or I think about the entire case because we won’t be deciding it. We can have our opionions, but they count for nothing in this case.

    If a jury finds he needs to serve time, then I am sure the judge will sentence him to serve time, but it will not be a life term or anything near that that the facebook message board bikers think he will get.

    Q. Will mouthwash interfere with the results of a breath alcohol test?

    A. Yes. Proper test procedure requires that the subject have nothing in their mouth for 10 to 15 minutes prior to testing. If the subject has anything with alcohol in their mouth just prior to testing, the alcohol in their mouth will contaminate the test, giving an artificially high reading. However, 15 minutes is sufficient time for all mouth alcohol to be dissipated.

    Honestly we do not know what he did when he arrived at the clinic. Maybe he was vomiting and then gargled with mouthwash. We honestly do not know.

    http://www.drunkdrivinglawyers.com/dui-cough-syrup.htm

    Can a driver really receive a DUI citation for drinking cough syrup?

    Unfortunately, the short answer is yes. With regard to determining a driver’s blood alcohol content, the laws of all fifty states do not differentiate between intoxication caused by cough syrup versus beer, wine, or hard alcohol. States have unanimously decided that the value of protecting the safety of its citizens by severely penalizing intoxicated drivers trumps any call for leniency or differentiation between types of alcoholic intake.

    Good talking with you and voicing our opinions and thoughts.

  • Taxpayer 834512

    No disagreement.

  • Think Again

    Wow. You’re a brick wall, aren’t you?

  • Rico

    I thought Miller was going to quit the BMV in 2009…? I guess he decided to stick it out another year.

  • Pascal

    Accidents happen. They are called accidents for a reason.

  • Pascal

    Liberals are always surprised by competence……

  • Local Lawyer

    [Rim shot inserted here]

    Good one…

  • Think Again

    On the contrary, Pascal, neither liberals nor conservatives define it. It’s one of those “know it when I see it” things.

    But you wouldn’t know…

    Broad brush approaches almost never work.

  • http://twitter.com/IndyStudent Matthew Stone

    And your point, Pascal? A charge of “reckless homicide” is appropriate for what would be considered an accident that resulted in a death.

  • hello!!

    he had a blood test, not a pbt or a certified breath test. they drew his blood. not a breath test. residual alcohol in the mouth doesnt have anything to do with a blood draw!!

  • Gmoore9643

    no such thing as an accident, that would imply that no one is at fault and is why they are now labeled a crash report

  • Anonymous

    Not Fair….using facts to cloud the issue

  • Anonymous

    I wonder if the hero’s parade given to the Greenfield officer could be a result of the Bisard fiasco.

  • RevRight

    Whats the difference between Charlie White and Andy Miller?

    About 12 miles……

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