IMPD officers testify on Bisard’s actions on day of deadly crash

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Prosecutors will focus more on crash reconstruction Wednesday when testimony resumes in the David Bisard trial. The crash involving Bisard killed one motorcyclist and injured two others in August 2010.

Prosecutors called multiple IMPD officers to the stand Tuesday. Officer Jonathon Koers also told jurors of his encounters with Officer Bisard on the day of that deadly crash. Koers was responding to a search for a wanted man near 42nd and Priscilla, when Bisard came across the radio offering backup.

Bisard turned on his lights and sirens, proceeded westbound on East 56th Street, and crested on the overpass above I-465 at an estimated 73 miles-per-hour. Bisard crashed into the group of bikers moments later at 56th and Brendon Way South Drive.

Koers told jurors he did not request backup from Bisard that day, but said Bisard did make a comment to him later at the crash scene, saying: “Thanks a lot, Koers.”

Another IMPD officer testified Tuesday about the training exercises officers go through to teach them about the hazards of driving during emergency runs. Attorneys also asked about police witnesses about the dangers of driving while distracted.

According to information previously released by authorities, Bisard had utilized his mobile data terminal mounted in the front seat of his car to send messages back and forth with another officer moments before the crash. At the time, Bisard and the other officer were joking about eating lunch.

Lead prosecutor Denise Robinson briefly alluded to these messages while questioning a witness Tuesday morning. Tuesday afternoon, the prosecution entered those computer messages into evidence as jurors heard from an information specialist from the Department of Public Safety, and the officer who Bisard was messaging, officer Jason Maxey.

“Don’t show up with ketchup and mustard all over your shirt,” Maxey said in the message sent shortly after Bisard was marked en route to assist Koers at 11:17 a.m.

“Why not?” Bisard responded at 11:18, according to records.

“It’s not tactical,” Maxey wrote back.

At 11:19, Bisard responded again, saying: “It smells good.”

At 11:20, Maxey wrote, “I dare you to show up with a big *** elephant ear.”

One minute later, Bisard called in to dispatch to report the crash.

Maxey told jurors he had no idea Bisard was responding to a warrant with lights and sirens running at the time.

IMPD Sgt. Allen Tuttle also testified Tuesday about his conversations with Officer Bisard after his blood test results came back showing Bisard had a blood-alcohol level more than twice the legal limit.
Tuttle said Bisard told him, “There’s no way it could have been a .19%”

Prosecutors also began to focus in on crash reconstruction, showing more photos from the scene that day. The lead crash investigator was expected to testify Wednesday about more specific details on the crash reconstruction efforts, with prosecutors hoping to show a reenactment video from the crash scene on Thursday.

“Up until now a lot of the information has been tedious leading up to literally reconstructing the accident,” said Marion County prosecutor Terry Curry.
Prosecutors also submitted Bisard’s own training records into evidence Tuesday, while defense attorneys asked multiple witnesses about training exercises involving brakes and antilock braking systems, during cross-examination.

Monday jurors heard from the city mechanic who put brake pads on Bisard’s car the morning of the crash. That day, the technician had noticed the “brake light flashing” on Bisard’s 2005 Ford Crown Victoria.

In the city’s definitive review of the accident, one police official noted “during the reconstruction (he) performed, the ABS system had failed…and was a factor in the crash.”

“We have printouts from the car’s power train control module showing the brakes failed,” Bisard’s attorney John Kautzman previously told Fox 59 News.

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