Prosecutor Wants New Drunk Driving Charge Added to Bisard’s 2010 Case (VIDEO)

By Stephanie Parkinson

May 31, 2013 Updated Jun 1, 2013 at 11:03 AM EDT

FORT WAYNE, Ind. (www.incnow.tv) – The Indianapolis Metro Police officer, accused of driving drunk and hitting and killing a motorcyclist, appeared in court for a hearing Friday. Both his defense attorney’s and the prosecution had several requests for the judge.

The defense team is trying to have evidence thrown out before the trial. Meanwhile the Marion County Deputy Prosecutor is trying to use Bisard's most recent drunk driving charge against him in this case.

Bisard is accused of hitting and killing a motorcyclist, while driving drunk in his patrol car, in 2010. He faces several charges, including reckless homicide. The case was moved to Allen County due to pre-trial publicity.

In April he was arrested again for drunk driving after crashing his pick up truck. Now the Marion County Deputy Prosecutor is trying to use that arrest during this trial for the 2010 case. She claims together the two incidents show a pattern.

"We believe that the defense may try to raise, at trial, the lack of obvious intoxication on the part of the defendant in the 2010 arrest. We believe the facts from the 2013 arrest are strikingly similar and therefore, if the defense was to raise the issue we think we should have the right to rebut it with the 2013,” said Denise Robinson, Deputy Prosecutor, Marion County.

For the family and friends of the victim from the 2010 crash, they are just looking forward to closure in October.

"It can't end quick enough for any of us, in my family or the other families that are involved. But at the same time you have to be patient, you don't have any other choice,” said Aaron Wells, father of the victim in the 2010 crash.

For a friend of the victim, who was on the bike when the crash happened in 2010, she's hoping Bisard's recent drunk driving charge will be considered in this case.

"This shows a pattern, I mean he had to have had an alcohol problem prior to the crash to have that much alcohol in his system, that time of the day when he knew that he had to work there's an alcoholism problem,” said Mary Mills, friend of the victim.

Allen County Judge Surbeck will set another full day hearing in July to address the motions from both the prosecution and defense.

A request for a speedy trial was unable to be granted because of scheduling conflicts with both parties. The trial date remains October 14, 2013.

Bisard is currently being held without bond.

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