Bisard found guilty

[MPH]

I was onscene as a member of the police officer support team.
If his BAC was .19 two hours after the crash, and BAC diminishes with time, logically his BAC would have been higher at the time of the crash, and yes, Nystagmus would have been present.

 

[Frank_N_Stein]

I was onscene as a member of the police officer support team.

Gotcha. I didn't know you did that.

 

[Fargo]

If he was still drunk from the previous night, I assume there wouldn't be much if any smell of alcohol. Do you know if nystagmus would still be evident?
i know a couple "functioning alcoholics". One in particular, regularly drinks as much as THREE cases of beer per night! After work! And many times AFTER drinking at a bar for a few hours!
After the first case to case and a half, besides the smell, you would be hard pressed to have a clue that he had been drinking AT ALL!
So, I can believe that someone could be legally drunk, and show NO signs.

What you posted is my best guess at what had actually happened. If he ran it up to the .30 level the night before, even 8 hours of sleep is only going to put him at .18 assuming he is metabolizing on the high side of the average rate. At that point, I dunno that you would have the typical odor and if he is a really practiced alcoholic, I doubt you see many/most of the classic signs of intoxication.

Best,

Joe

 

[vitamink]

In theory:

6-20 for b felony
2 SBI D felonies 6month-3years
...and whatever the other charges are.
all of the charges can be stacked extending his stay. Note lines 14/15. This is all judge dependent.

IC 35-50-1-2 Version a Consecutive and concurrent terms
Note: This version of section effective until 7-1-2013. See also following version of this section amended by P.L.214-2013, SEC.43, effective 7-1-2013, and following version of this section amended by P.L.158-2013, SEC.650, effective 7-1-2014.
Sec. 2. (a) As used in this section, "crime of violence" means the following:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under IC 35-42-4-9(a)(2) or a Class B felony under IC 35-42-4-9(b)(2).
(12) Robbery as a Class A felony or a Class B felony (IC 35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC 35-43-2-1).
(14) Operating a vehicle while intoxicated causing death (IC 9-30-5-5).
(15) Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).
(16) Resisting law enforcement as a felony (IC 35-44.1-3-1).
(b) As used in this section, "episode of criminal conduct" means offenses or a connected series of offenses that are closely related in time, place, and circumstance.

 

[Trigger Time]

if it isnt obvious that the entire Indy police force was at the very least ignoring some protocols, and at most inhibiting the investigation to protect bisard, then you haven't been paying attention.

Please go away

 

[eatsnopaste]

I was onscene as a member of the police officer support team.
If his BAC was .19 two hours after the crash, and BAC diminishes with time, logically his BAC would have been higher at the time of the crash, and yes, Nystagmus would have been present.

Please explain what a "police officer support team" does.

 

[VUPDblue]

That team comes out when an officer has been involved in a critical incident. They provide a listening ear and are trained in offering outside help from EAP, Attorneys, FOP, Family, etc....

 

[Kirk Freeman]

That time will be credited towards his sentence, correct?

public, you are correct.

 

[public servant]

public, you are correct.

Kirk, with a minimum sentence and taking into account Indiana's one for one credit days and time already served what is he looking at? I originally heard he faced a minimum of 8 years but I saw a headline in the Indy Star where it could be as little as 3 years. I haven't taken the time to read the article yet. Is he at time served yet?

I'm sure there will be other credit days offered such as completing AA meetings and such that can't be factored in yet. Good thing Brizzi isn't the prosecutor or Bisard's dad could make a campaign contribution and go back to court seeking sentencing modification. (That's another interesting story for those that don't know)

What was that chick's name Kirk?

 

[Kirk Freeman]

I dunno that you would have the typical odor and if he is a really practiced alcoholic

I've had guys that know the peanut trick, one who even knew to take bentonite before driving.

Kirk, with a minimum sentence and taking into account Indiana's one for one credit days and time already served what is he looking at? I originally heard he faced a minimum of 8 years but I saw a headline in the Indy Star where it could be as little as 3 years. I haven't taken the time to read the article yet. Is he at time served yet?

Minimum sentence? So, everything runs into the B (OWI/Death). That would be six (6), if executed (in prison) it would be three (3) actual (assuming Class I credit [day for day credit).

Whatever the sentencing is on the 22d, sentencing will be an issue on appeal.

Whatever his time is divide by two to get actual time.

I'm sure there will be other credit days offered such as completing AA meetings and such that can't be factored in yet.

Correct. Administrative time cuts are available in IDoC for education (GED, AA, etc.), substance abuse counseling, vocational training, inter alia (programs depend on location, if I were to guess I say he goes to Branchville but that is up to IDoC).

One goes from county jug to Plainfield (med testing and classification) and then off to one's assigned facility.

What was that chick's name Kirk

The defendant's name was Paula Willoughby. Given 110 years by trial court but knocked back to 70 by the Indiana Supreme Court. 2009 she was modified to 40.

You know about that one, right? Everyone but the trigger man was convicted. The alleged trigger man was acquited at trial.

 

[public servant]

The defendant's name was Paula Willoughby. Given 110 years by trial court but knocked back to 70 by the Indiana Supreme Court. 2009 she was modified to 40.

You know about that one, right? Everyone but the trigger man was convicted. The alleged trigger man was acquited at trial.

Yeah, Darrell Willoughby was the cousin of a good friend of mine. Excuse the thread jack.

Prosecutors respond to donation allegations - 13 WTHR Indianapolis

 

[Fargo]

Yeah, Darrell Willoughby was the cousin of a good friend of mine. Excuse the thread jack.

Prosecutors respond to donation allegations - 13 WTHR Indianapolis

Former Marion Co. Chief Trial Deputy David Wyser pled guilty to bribery in federal court earlier this year over that whole deal:

http://www.indystar.com/article/201...County-Deputy-Prosecutor-David-Wyser-unfolded

Best,

Joe

 

[Bigtanker]

Just heard on the news he got 16 years with 3 supended!

 

[vitamink]

Yep

 

[mrjarrell]

Bisard has now exhausted his appeals. The Indiana Supreme Court will not hear his appeal and his sentence will stand.

Indiana Supreme Court will not hear David Bisard appeal - 13 WTHR Indianapolis

 

[vitamink]

What was the crux of his last try?

 

[mrjarrell]

What was the crux of his last try?

No clue, article didn't say. Maybe Kirk or T. Lex might know.

 

[churchmouse]

So he has exhausted the system.

 

[Bigtanker]

And he is out of jail as of Sunday.

Ex-Indianapolis officer convicted in fatal crash a free man | WSBT

 

[SmileDocHill]

Wow, 16 years seems to have gone by quickly! It seems like just a handful of years ago we were talking about how much time he might get. Oh wait IT WAS! WTH?!