For the first time since a Fort Wayne jury voted to convict an Indianapolis Metropolitan Police Department officer in a 2010 fatal drunk driving crash, we are hearing from some of the jurors who were in the room when the vote was taken.
Two weeks ago, a jury of seven women and five men convicted David Bisard of nine counts, including driving while intoxicated, reckless homicide and criminal recklessness for a crash on Indianapolis’ northeast side that killed motorcyclist Eric Wells and injured two others.
“When the judge was told we were making good progress, the reckless driving was the easiest. That only took us two votes,” the juror told Fox 59.
“When we started on the alcohol related charges it was kind of one for all and all for one. If we found him at .08% (BAC), he had to be .19% (BAC).”
One week from today Bisard will be sentenced by Allen Superior Judge John Surbeck. He faces approximately 30 years in prison.
An hour before the verdict was reached, jurors asked to listen one final time to police audio tapes, exclusively obtained by Fox 59 News, of radio transmissions between Bisard, dispatchers and other police officers just before and after the crash.
One juror said that a final examination of Bisard’s radio traffic was key to her casting of the final guilty vote.
“The last reasonable doubt on the board was his voice,” said Sherry, who said she was married to a police officer for 30 years. “To us, the sound of his voice before the accident was a bit slurred.”
Sherry said while Bisard sounded professional and in control after the crash, calling for ambulances and other officers to block off intersections approaching the crash scene, the jury felt the previous transmissions sounded suspect.
The juror said when Bisard checked in to back up other officers searching for a wanted drug suspect at 42nd Street and Priscilla Avenue, his speech sounded slurred and his attitude haphazard or lackadaisical.
The prosecution proved that after Bisard volunteered to respond with lights and sirens operating to a non-emergency run, the speed of his patrol car topped 70 miles per hour before braking and slamming into the three bike riders at East 56th Street and Brendon Way South Drive.
Many of the jurors said they will attend Bisard’s Nov. 26 sentencing.
“I think about his little girl. They’re going to grow up without their dad,” said Sherry. “I just find that very difficult.
“Nobody was happy,” she said as the jurors cast their final votes to convict. “I felt sick to my stomach.”
Sherry said she doesn’t have a recommendation on Bisard’s prison sentence.