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Indy Bikers Sue Drunken Cop, City After Fatal Accident

Two people who were seriously injured when a drunken Indianapolis police officer rammed into their bikes are looking to recover damages from the officer, the Indianapolis police department and the city of Indianapolis in  what is now the third civil suit filed as a result of the incident.

Kurt Weekly and Mary Mills filed their lawsuit against former Indianapolis Officer David Bisard and say the Indianapolis Metropolitan Police Department did not adequately oversee Bisard.

A nine-year veteran of the department, Bisard received several awards during his career including a medal of valor for killing a bank robbery suspect who had ambushed him with an AK-47.  As a member of the Noblesville, Indiana Police Department in the late 1990s, Bisard received awards two years in a row from Mothers Against Drunk Driving and won commendations four years in a row.

Records show that Bisard also was one of the IMPD’s most aggressive officers and show that he had 14 vehicle pursuits,  more than any other officer working in Marion County,  in 2003 and 2004. In eight years with IMPD, Bisard notched five minor on-duty crashes during pursuits.

“It was foreseeable and substantially certain…that its failure to properly train, supervise and monitor IMPD Officer David Bisard would cause a collision resulting in serious injuries and or death and or would expose the public, including Kurt Weekly, to such risk,” the lawsuit read.

Blood work taken after the incident showed Officer Bisard had a blood-alcohol content of 0.19 – more than twice the legal limit for drivers – when he plowed his squad car into two motorcycles stopped for a traffic light.

A judge threw out that blood test in the criminal case against Bisard saying it wasn’t performed according to state law.

The collision killed 30-year-old Eric Wells and his family sued the City of Indianapolis in December and claimed Bisard was negligent.

For this part, Weekly said he suffered a brain injury, rolled up more than $500,000 in medical expenses and has lost time at work as a result of the crash.

Mills, a passenger on Weekly’s motorcycle, also seeks damages for medical bills and lost wages.

Weekly and Mills, who recently married, also say they want redress for the emotion pain the suffered from witnessing “the gruesome death” of  their friend Eric Wells.

A third lawsuit  filed by three formerly high-ranking Indianapolis police officers is aimed at the city for damages and lost wages after the officers say they were unfairly demoted for their handling of the crash at the scene. Former Assistant Chief Darryl Pierce was reduced to the rank of lieutenant, and he says he and the other two officers were made to serve as scapegoats as a result of their part in the case.

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