Bisard prosecutors to seek consecutive sentences

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

The Marion County Prosecutor will seek to send Officer David Bisard to prison for decades after his conviction in a fatal drunk driving crash.

“We did file a sentencing memorandum Friday requesting a consecutive and aggravated sentence,” Chief Trial Deputy Denise Robinson told Fox 59 News. “We will be presenting victim impact testimony.”

When suspended Metro Police Officer David Bisard walks into Judge John Surbeck’s Ft. Wayne courtroom for sentencing Tuesday afternoon, there’ll be family, friends, victims, reporters….and the jurors who found him guilty nine times for a fatal drunk driving crash in Indianapolis.

Bisard was convicted by an Allen County jury earlier this month for killing motorcyclist Eric Wells while on duty August 6, 2010.

In exclusive interviews with Fox 59 News, two jurors said their decisions to convict Bisard were wrenching, and they’re grateful they don’t have to determine how much time he should spend in prison.

“Thank God that is not my job,” said Sherry, a juror who was formerly married to a police officer. “I don’t know. I think about his little girls. They’re going to grow up without their dad and I just find that very, very difficult. You know, I think he deserves to be punished. I don’t think he left home that morning and said, ‘Hmmm…I think I’m going to kill somebody today,’ but it’s one of those things that you can’t take back once it’s done.”

“I felt bad because I just took a father away from their daughters,” said another juror, Steve, who literally had a front row seat for the trial and yet has no idea how long Bisard should go to jail. “That’s for his Honor Judge Surbeck to determine. He knows what he’s doing, I’ve learned, and he’ll do the right thing.”

Bisard was found guilty for various charges including criminal recklessness, reckless homicide, causing bodily injury and causing death while driving with an excessive blood alcohol level.

The most serious charge carries a six to 20 year prison sentence with a ten year advisory prison term, meaning the judge will likely add and subtract years from the potential mid-point sentence.

Judge Surbeck will consider Bisard’s lack of criminal history, substance abuse issues and remorse, if any is shown.

He is also aware of Bisard’s second DUI arrest last spring while awaiting this trial.

Bisard has been jailed for six months due to that arrest, though he has not yet been convicted.

Judge Surbeck may give him one year’s credit toward his overall sentence.

Following sentencing, Marion County Sheriff John Layton tells Fox 59 News that his deputies will bring Bisard immediately to his jail in downtown Indianapolis where he is likely to remain in custody until next week when the Indiana Department of Correction is expected to take custody.

“A person who is convicted of a crime that might involve a prison sentence of say, ten years, would not go to a maximum facility,” said DOC Spokesman Doug Garrison. “He may not go to even a medium security facility.

“Our mediums are for those who have eight years or less to go in their time. Our minimum security facilities are for those who have less time than that. Two to three years left.”

Bisard’s first stop in the state prison system will be the DOC Diagnostic Center in Plainfield where he will be evaluated for incarceration, educational, vocational and health issues said Garrison.

“They’re there generally for two to three weeks generally getting acclimated to the prison system, taking medical tests, taking cognitive tests to see where they are within the educational legacy, what type of programming they might need or they might want while they’re with us.”

“When we walked back in that jury room, we walked back in pretty stunned, choked up,” said Sherry. “Several people burst into tears.”