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Visionary
Posts: 3006
San Antonio, TX | I tears me up to post this stuff but you all should know about it.
From Roadkill's Victory List
An on duty police officer with lights and siren on hit two of three bikes that are stopped at an intersection going to lunch. The two bikes hit had three riders. Two riders are in the hospital and one is dead.
The three bikes were stopped at a traffic signal around noon with cars in front of them and to their right. They were stuck in traffic.
The officer had a preliminary Blood Alcohol Content of 0.19!!!!!!!
Why do you need lights and siren to serve a warrant????
My prayers are going out the those riders and families tonight.
If it is proved in court that the officer had a BAC of .19, I personally do not care how many commendations he had because he committed vehicular homicide. Considering the breach of public trust and safety I hope that the jury/judge reflects on the full range of punishment for him, then they give him the maximum punishment allowed by the law!
Here are the news videos.
At least one dead in crash with IMPD cop
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Tourer
Posts: 492
Indianapolis, IN | There is a charity event and petition signing at the circle in downtown Indianapolis to support and benefit the family of the rider that was killed, and to convince the state to appoint a grand jury to investigate this accident. This has caused a big uproar in the motorcycle community and the community in general that these types of irresponsible acts on the part of law enforcement in Indianapolis are not being dealt with properly. There have been a number of incidents lately involving IPD officers and they always just get swept under the rug after a period of desk duty with full pay. |
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Visionary
Posts: 3006
San Antonio, TX | hoosiervic,
Please keep us updated if you hear anything new. What I am reading to today about this makes me shake my head.
$10,000 Bail for seven felony counts. I can not believe it. It took them five days to arrest him when they had the BAC results six hours after the crash.
Is the district attorney elected in your city? If so I would find another.
San Antonio Police Department got a new Chief a few years back that does not put up cops that are bad actors or incompetence. He cleaned out some higher ups that poured money into a crap custom computer system and bought an off the shelf solution that was cheaper than the maintenance cost of the old system.
He has outright fired some cops like the one that was using his Cruisers Computer to stalk a woman that he met at the mall....the cop then looked up her address and went to her home.
Ride Safe |
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Cruiser
Posts: 162
Northern NJ | Shocking story. |
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Tourer
Posts: 492
Indianapolis, IN | For more info on this story and the rally this evening at the Circle, downtown Indy: http://www.fox59.com/news/wxin-vigil-for-eric-wells-081310,0,3276793.story http://www.wthr.com/Global/story.asp?S=12971726 http://www.indystar.com/article/20100813/LOCAL/100813015/Rally-for-injured-motorcyclist-set-for-7-p.m.-on-Circle http://www.examiner.com/addiction-recovery-in-indianapolis/drinking-on-patrol-indiana-officers-risking-their-jobs-for-a-buzz-should-they-be-fired-video http://www.wthr.com/Global/story.asp?S=12951242 http://www.examiner.com/addiction-recovery-in-indianapolis/indianapolis-officer-is-habitual-traffic-offender-and-kills-motorcyclist-with-alcohol-level-of-19 There's more if you search but this will get you started.
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Visionary
Posts: 3006
San Antonio, TX | Thanks for the links.
Below is the probable cause document that lays out the mess.
http://www.theindychannel.com/download/2010/0811/24596024.pdf
Edited by radioteacher 2010-08-13 4:16 PM
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Visionary
Posts: 3006
San Antonio, TX | The travesty of justice continues in Indy.......
Alcohol Charges Dropped Against Officer In Fatal Crash - Judge Rules Proper Procedures Not Followed
http://www.theindychannel.com/news/24686898/detail.html
INDIANAPOLIS -- Alcohol-related charges against an Indianapolis police officer who was accused of drunken driving in a fatal crash will be dropped after a judge ruled that proper procedures weren't followed in the investigation.
Marion County Prosecutor Carl Brizzi said Thursday afternoon that in light of Judge Grant Hawkins' ruling, four counts of operating while under the influence, causing serious injury and one charge of operating while under the influence, causing death, will be dropped against Officer David Bisard. A reckless homicide and criminal recklessness charge will remain.
Hawkins ruling meant specifically that Bisard, a nine-year veteran of the department, will keep his driver's license.
Bisard was on duty when he plowed into a group of motorcyclists stopped at a red light Aug. 6, killing Eric Wells, 30, and injuring Kurt Weekly, 44, and Mary Mills, 47.
At a news conference Thursday afternoon, Marion County Public Safety Director Frank Straub was visibly upset as he discussed the case and changes the department will make because of its missteps.
The FBI will be brought in to assist in the investigation, and a professional standards division will gain more oversight of operations.
"Our investigation failed," Straub said. "We are embarrassed."
Lt. George Crooks was removed as leader of the Fatal Alcohol Crash Team, a division that investigates fatal crashes that are the result of alcohol.
The FBI will specifically determine if there were violations of federal law in the handling of the IMPD investigation.
"I assure the public that this tragic accident will be investigated to the fullest extent, and justice will be determined in a court of law," Indianapolis Mayor Greg Ballard said in a statement. "We will work with the Federal Bureau of Investigation to determine if any violations of federal law occurred. ?
Brizzi said he decided to drop charges because the blood draw was improperly taken and will not be admissible.
"It wasn't conducted at a hospital, as it's defined under the statute, and it wasn't performed by someone who has the legal requirements necessary," he said, adding that a lab tech at a clinic performed the draw.
Brizzi said authorities aren't questioning the results of the blood draw, which showed Bisard registered a blood-alcohol level of 0.19 two hours after the crash, just the way it was obtained.
Brizzi also blasted the quality of the police investigation, saying that someone at the scene should have recognized the officer's impairment and should have followed up to ensure procedures were properly followed.
"I am questioning their work at the scene. Every other person who we charge with operating a vehicle while intoxicated, we have probable cause affidavits," Brizzi said. "Officers are able to detect the odor of alcoholic beverages from several feet away, identify slurred speech, identify glassy eyes. I am frustrated, because there is an appearance ? that something was amiss ? and I'm not going to sugar coat it."
Brizzi went so far as to question the truthfulness of officers at the scene who said they didn't know Bisard was drunk, but wouldn't speculate about whether there was a cover-up.
The Rev. Stephen Clay, president of the Baptist Minister's Alliance, also questioned the investigation.
"You can smell onions on a person's breath. You can smell chocolate on a person's breath. But the public is asked to believe that these officers who stop and identify drunk drivers on a daily basis had no clue as to whether this officer was intoxicated or not?" he asked. "I'll tell you what we smell is another attempt by IMPD to cover up for one of their own."
Indianapolis Metro Police Chief Paul Ciesielski said the investigation is up front and honest.
"We promised an open, thorough investigation, and you're getting it," Ciesielski said.
Hawkins ruled that because no officers at the scene said they thought Bisard was drunk and because a portable breath and field sobriety tests were not administered, there was no probable cause for a blood draw to be taken in the first place.
"Obviously, we're pleased with the judge's ruling, and we're going to leave it at that and go forward with the case," said John Kautzman, Bisard's attorney.
A relative of Wells who didn't want to be identified told 6News that the botched investigation is disturbing to the family.
"We are very disappointed and aggravated, but not surprised," the relative said, adding that the family believes the officer received special treatment.
In the immediate aftermath of the crash, Ciesielski defended the department's handling of the investigation, specifically the decision to administer a blood draw of Bisard instead of a Breathalyzer test at the scene.
Bisard is suspended pending termination from the department.
Mayor Greg Ballard is expected to speak about the recent developments at 7 p.m. |
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Iron Butt
Posts: 742
North Orange County CA | No probable cause to suspect that the officer was driving while impaired; except that he ran into the back of vehicles stopped at a red light in broad daylight.
No probable cause except; that it was an injury accident involving multiple victims and in any civilized jurisdiction a driver involved in this way is universally tested for alcohol.
No probable cause except; that a highly trained driver had an accident that was easily avoidable just by putting his foot on the brakes.
No probable cause; except that the left lane was clear.
Only a limited number of conclusions are possible; this judge is either incompetent, insane or in cahoots.
Edited by Tarpits99 2010-08-19 6:25 PM
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Visionary
Posts: 3006
San Antonio, TX | The cops/medical botched the blood draw so bad it would not hold up in court. How convenient for their drunk brother in blue. Sure sounds like they suspected he was drunk.
Ride Safe
Edited by radioteacher 2010-08-19 6:38 PM
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Visionary
Posts: 3006
San Antonio, TX | Eric Wells was in the Marine Corps and was currently working a Civil Service DOD job in Indianapolis.
I wish I could get the word about this travesty to the Marines in Indiana. I am sure that they would want to help a fallen brothers family get justice by showing their support.
If you know of a Marine that could help please pass this on to them.
Give them this Facebook page
http://www.facebook.com/#!/pages/We-the-people-want-justice-and-no-... |
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On-duty Cop was Drunk (.19 BAC) when he killed a rider
