Prosecutor calls Bisard a “danger to the community”

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Suspended IMPD officer David Bisard remained in the Marion County Jail Sunday night under a suicide watch, charged with operating a motor vehicle while intoxicated after a crash in Lawrence, Saturday.

The Marion County Prosecutor’s Office will move Monday to have Bisard jailed indefinitely pending his October trial in Allen County for a 2010 accident that claimed the life of a motorcyclist and injured two others on Indianapolis’ northside.

Bisard is free on $10,000 bond in that reckless homicide case as prosecutors will argue he was drunk on duty at the time of the crash.

Bisard is being held on $25,000 bond in the current misdemeanor case.

Prosecutors want that bond raised or revoked as they seek to have his reckless homicide bond raised or revoked pending that trial.

“The danger to the community argument is one we’ll be making in the B felony (reckless homicide) case,” said Deputy Prosecutor Denise Robinson. “We recognize that he has the right to bond on the misdemeanor case. We’re just asking that he be held without bond until we can get the paperwork before Judge Surbeck in Allen County.”

The 2010 case has been assigned to Judge John Surbeck in Fort Wayne due to concerns about pre-trail publicity in Indianapolis.

The earliest Bisard could be released on the misdemeanor OWI case would be Monday morning if 10% of the $25,000 bond was posted and he reported to Community Corrections to be fitted for a tracking device.

“The judge also ordered that he be placed on a GPS or monitoring system, so, I guess that’s that he’s being held on right now, getting that set up,” said Robinson.

Bisard is set to be interviewed by a jail psychologist inside the Marion County Jail where he is housed in a segregated cell.

According to a Lawrence Police Report, Bisard told investigators, “I’ve been drinking since noon.

“You know who I am. I messed up today. If you guys can cut me a break, I promise I will never drink again.”

The officers wrote that Bisard appeared unsteady and his eyes were glassy and bloodshot.

He later tested .17% blood alcohol level.

A blood draw at Wishard Memorial Hospital was supervised by Deputy Prosecutor Robinson who watched as the blood vials were labeled and refrigerated in the IMPD Property Room. They were to be tested by the Marion County Crime Lab Sunday.

The blood draw and vials from Bisard’s 2010 arrest were potentially mishandled and not refrigerated.

A judge has ruled those blood samples can be used in the case.

Lawrence police reported Bisard bargained with them, offering to pay for the damages to a speed limit sign, light pole and guardrail damaged in the crash at 10225 Indian Lake Boulevard South.

Bisard admitted his guilt, wrote the officers in an unusually detailed report, but denied drinking the day of the 2010 fatal crash.

The report reads that Bisard promised, “he would never drink again and to just let him go stating he has a wife and kids at home and his life is over if he goes to prison.”

Robinson said Bisard was advised of his rights under Indiana’s Implied Consent law and he freely made statements to arresting officers.

Bisard was given a portable breath test at the scene of the crash and a field sobriety test at Lawrence Police headquarters.

Later he was advised of his Miranda Rights after his arrest at Wishard Memorial Hospital.

“We also went to Wishard and the Arrestee Processing Center and the property room,” said Robinson, “to make sure everything was done appropriately in this case.”

“Knowing the scrutiny that this case would get we wanted to make sure that it was done by the book,” Robinson added.

Bisard’s attorney in the fatal crash case, John Kautzman, visited him at the Marion County Jail though he has not be hired to represent Bisard in his latest arrest.

A source told Fox 59 News that evidence in support of the OWI charge was recovered from the Ford pick up truck Bisard was driving Saturday.

The vehicle is owned by his step-father.

A source close to the 2010 case told Fox 59 News that family members were shocked that Bisard had been drinking recently.

Bisard retains his Indiana driver’s license as he cooperated with investigators during the 2010 crash and has not been convicted of a crime.

Robinson said she expected the state would revoke Bisard’s license following his most recent arrest.