INDIANA:Outrage on officer involved in motorcycle accident!

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Outrage on officer involved in motorcycle accident! The brother of a man injured in a crash with IMPD officer two weeks ago says he forgives officer... questions arise... was the officer drunk?

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IMPD officer involved in fatal crash faces multiple charges
IMPD officer involved in fatal crash faces multiple charges Posted: Aug 11, 2010 10:15 AM EDT Updated: Aug 21, 2010 4:01 PM EDT
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Officer David Bisard Enlarge this picture
Public Safety Director Frank Straub Enlarge this picture
Mayor Greg Ballard Enlarge this picture
Frank Straub, left, looks on as Metro Police Chief Paul Ciesielski speaks. Enlarge this picture
Officer Bisard arrived at the jail booking station with his attorney Wednesday afternoon. Indianapolis - Police arrested the Indianapolis Metro Police officer involved in the crash that killed a motorcycle rider last week.
Investigators say Officer David Bisard had a blood-alcohol content of .19 percent, more than twice the legal limit.
Bisard faces several felony charges. He surrendered at the Arrestee Processing Center Wednesday afternoon flanked by his attorney and wife. He did not answer any of WTHR's questions concerning charges against him.
His bosses Wednesday call Bisard's case "unacceptable" and said, "It's a failure of leadership." They also apologized to the families of the victims.
The investigation is ongoing but Chief of Police Paul Ciesielski expects to recommend termination for Bisard.
Charges
Wednesday afternoon, the prosecutor's office revealed the charges that Bisard will face.
They include:
Operating a motor vehicle with a BAC .15 or higher causing death (Class B felony) Operating a motor vehicle while intoxicated causing death (Class C felony) Reckless homicide (Class C felony) Two counts of operating a motor vehicle while intoxicated causing serious bodily injury (Class D felony) Two counts of operating a motor vehicle with a BAC .08 or higher causing serious bodily injury (Class D felony)
Mayor comments
Mayor Greg Ballard spoke for the first time about the crash. He called it a tragedy, and expressed sympathy for the families of the victims.
"What happened is absolutely unacceptable," said the mayor, speaking at a news conference Wednesday. "Police officers don't just obey the law. They serve the law. They absolutely must be held to the highest standards by me, by the public safety department at by the law-abiding public."
Accident scene
Eyewitness News reported Tuesday that Officer Bisard, 36, tested positive for alcohol following a fatal crash last Friday.
Bisard was running lights and sirens with his K-9 Brix last Friday morning to help with a felony warrant. When he got to Brendon Way Drive on East 56th Street, he crashed into two motorcycles, killing 30-year-old Eric Wells.
Kurt Weekly, 44, remained in critical condition as of Tuesday night, and Mary Mills, 47, had been upgraded to fair condition.
One of the riders told Channel 13 they could not move to the right at the intersection because of cars already in the right lane and that the left turn lane was open for Bisard to possibly pass as they waited at the red light.
Just before the crash Bisard got an oil change and had his children in the cruiser before starting work around 8:30 Friday morning.
"Took his children to a soccer camp, went back home and took a shower and put his uniform on. He was westbound on 56th when he received the run to assist," said Chief Ciesielski.
Straub: No indication of alcohol
Public Safety Director Frank Straub said initially there was no indication that Officer Bisard was intoxicated. He said once investigators got the results of the blood alcohol content test, which came back as .19, they began to investigate.
"There were many people there including members of my executive staff that spoke to Officer Bisard and saw no signs of intoxication," added Metro Police Chief Ciesielski.
The chief also said he was "shocked, disappointed and quite frankly pretty darn angry that this would happen." He insisted the "investigation was done correctly, thoroughly, totally above board."
Ciesielski said he would be making a recommendation for Bisard's termination to the Police Merit Board.
He said the Fatal Alcohol Crash Team was on hand to investigate the crash from the beginning, not because alcohol use was initially suspected, but because of the thoroughness required following a fatal crash. He said investigators did not learn of the BAC results until Monday night. Investigators are still working to determine exactly how fast Bisard was driving at the time of the crash.
City officials spoke at a 10:30 am news conference. Bisard's bosses apologized for the accident.
"I wanted to speak from my heart. First of all, I want to express my sympathy to the family as well," said Chief Ciesielski.
Apologies also came from Mayor Ballard, who also suspects officers who worked closely with Bisard may have known of a drinking problem.
"Someone knew of the human weakness that was present and failed to act or to inform others," Ballard.
"This was an unthinkable misjudgment by Officer Bisard," the mayor said, calling the accident "preventable."
The mayor added, "This is a difficult time for our officers. They have sympathy for the victims too. They're concerned about Mr. Bisard and they know that his family is suffering also."
"Our police officers know that this has an impact on the trust they have with the public. For public safety to be job one, the police and the public must work together," he said.
Before heading off to another event, the mayor said, "This one hurts. There's no question about that."
See the charges against Officer Bisard.
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Mayor Ballard promises accountability from IMPD
Mayor Ballard promises accountability from IMPD Posted: Aug 19, 2010 10:09 PM EDT Updated: Aug 19, 2010 11:31 PM EDT Video Gallery <1|2>
Accident witness reacts 1:56 Ballard promises accountability 2:45
Mayor Ballard comments 18:54
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Mayor Greg Ballard at a news conference Thursday. HEADLINESSuspect in custody after west side standoff Family of motorcyclist makes pleas to city and state officials
Indianapolis Mayor Greg Ballard said that if there needs to be more cleaning house in IMPD's ranks in the wake of the David Bisard case, it will happen.
"I'm well past angry on this one. Well past angry," Ballard said in a news conference Thursday. "We are holding people accountable for their actions and we will continue to be open and transparent even though it hurts."
Part of that transparency involves the FBI coming in to investigate.
Ballard and Public Safety Director Frank Straub spoke publicly Thursday night, addressing the fallout from actions officers took after the crash.
"This hurts credibility," Ballard said. "I don't think there's much question about that. This hurts credibility within the police department."
Straub said the FBI would help get to the bottom of how and why the crash investigation went so wrong.
"Cacooning, the blue wall of silence," he said. "That's not going to be tolerated and the walls not going to stand."
Mayor Ballard added, "When they put that uniform on in the morning, it better mean something to them. 'Cause it means something to me when they put it on. And they better get it right."
But the injured victims have been unaware of how this has all been playing out. Bruce Kehoe, attorney for Kurt Weekly, one of the critically injured bikers, says his client is still in a coma at Methodist Hospital.
"He's better," Kehoe said. "He's moving his limbs, which is a good thing. But he's still comatose."
Kehoe said that just because the blood draw evidence has been thrown out criminally, it will not affect Weekly's rights to use the blood alcohol level in any civil proceedings. But he also said that getting civil justice may not be enough.
"Damages are capped at $700,000. That doesn't take care of Kurt Weekly," he said.
Kehoe is considering the federal route, arguing Weekly's civil rights were violated, and he questions how the crash investigation was handled.
"It's the fellow police officers who were there that were in the position to determine probable cause," he said. "It just creates, I think, an air of suspicion."
And while Kehoe and the public are questioning whether the steps taken by officers on scene after the crash were simply mistakes or part of a cover up, they're not the only ones.
"The mayor's wondering the same thing," Ballard said Thursday. "We'll have to let the investigation play out."
FBI investigators are set to meet with IMPD Friday and begin their work.= =

Accident witness reacts to latest in officer charges
Accident witness reacts to latest in officer charges Updated: Aug 19, 2010 11:05 PM EDT Video Gallery
Accident witness reacts 1:56 Mayor Ballard comments 18:54
Jennifer Reyes/Eyewitness News
George Burt's life has been full of hurdles since witnessing the accident that killed one of his co-workers and left two others in the hospital.
"I've got the first hurdle of seeing the accident, I've got the second hurdle of finding out that he was drunk, then I get this one," Burt said.
The latest hurdle came Thursday after finding out the IMPD officer involved in the deadly accident won't be facing charges of drinking and driving.
"It's at that point I want to scream and holler," Burt said. "But what is that going to do for anybody?"
He said he hasn't been able to sleep, and is seeing a therapist. It helps to talk about the accident, and to know he's not alone.
Members of the Pendleton American Legion Post were outraged at the charges being dropped, and plan to continue showing their support for the victims.
The group has gathered thousands of signatures to help the case against the officer. They say they want things to be done right, and that includes keeping members from taking matters into their own hands. That's the message at this small gathering following the news of the dropped charges.
"We can't start showing outrage, we've got to do this right," Director Kurtis Hamm said. "We've been conducting rallies. We started at Monument Circle, we're going to do another one."
George Burt said he will be at the next rally, standing up for the victims that can't.
"I feel bad for Eric Wells' family now that they're hearing this," Burt said. "Here's another hurdle they have to go through."
The bikers are already planning another rally on September 5 to raise money for the victims.
DUI counts against IMPD officer dropped
Botched crash investigation leads to shake-up at IMPD
Botched crash investigation leads to shake-up at IMPD
Indianapolis - The mistakes made in the Officer David Bisard case will lead to some major changes at the Indianapolis Metro Police Department, including personnel.
Officer David Bisard, 36, was involved in a high-speed crash August 6 while driving his squad car. He struck a group of motorcyclists who were waiting at a red light at East 56th Street and Brendon Way, killing 30-year-old Eric Wells and critically injuring two others.
Bisard's blood alcohol content was .19, according to a blood draw taken after the crash. Prosecutors charged the K-9 officer with seven felonies including reckless homicide.
Bisard's attorneys vowed to challenge the blood draw, and on Thursday, all four counts related to Bisard's blood alcohol content were dismissed, leaving three counts against him, including criminal recklessness and reckless homicide.
Marion County Prosecutor Carl Brizzi said the blood draw is not admissible in court because it was not conducted at a hospital nor was it performed by proper hospital personnel.
"We are embarrassed. We apologize to the family. We apologize to the community," said Dr. Frank Straub, Indianapolis public safety director.
After sincerely apologizing for the admitted debacle in the Officer David Bisard alleged drunk driving fatal crash, Straub outlined some major changes.
They include the officer in charge at the Bisard crash scene.
"Lt. George Crooks is being removed from his position because the investigative process failed," said Straub.
Despite now failed courtroom evidence, prosecutors say K-9 Officer David Bisard drove drunk and had a blood alcohol content of .19 when he hit two motorcycles. It happened on East 56th Street near I-465 where 30-year-old Eric Wells died and two others suffered critical injuries.
Straub now wants federal assistance on the Bisard case "and also to determine early on whether there are federal charges that could be brought against the officer involved in the investigation or anyone else."
In addition to requesting FBI help, Straub removed Lt. George Crooks from the Fatal Alcohol Crash Team. Plus, Metro Police Chief Paul Ciesielski will review and find police officers to work on The Professional Standards Unit, formally internal affairs.
"I have full faith that as the investigation goes forth we will unveil the truth," said Chief Ciesielski.
While police believe they followed protocol in Bisard's case, "the problem is the process wasn't followed," said Straub.
Police admit there is a process that didn't get followed, making prosecuting Bisard a bigger challenge.
Bisard was in court for a hearing about whether he would get to keep his driver's license. Typically a driver's license is revoked when there is a charge involving DUI.
Judge Grant Hawkins had to decide if Bisard's drivers license should be suspended pretrial even though the state didn't have probable cause for intoxication at the scene of the accident. Under implied consent statutes, officers can take blood from a driver involved in a serious bodily injury accident or a fatal accident. But that statute does not say anything about suspending the driver's license before the case goes to trial.
Bisard's attorney argued Bisard's license not be suspended, saying the state was 'cherry picking.'
After the crash, Bisard's attorney argued that "there was no probable cause to believe that (Bisard) was intoxicated, nor to offer him a chemical test, and that the missing probable cause cannot be supplied by the after-obtained blood draw result."
Judge Hawkins agreed that the state provided no probable cause under the statute that would suspend his license.
"Obviously we're pleased with the judge's ruling and we're going to leave it at that and go forth with the case," Bisard's attorney John Kautzman said.
Marion County Prosecutor Carl Brizzi was not as pleased. "I am frustrated because there is an appearance, accurate or not, that something was amiss on Friday and I'm not going to sugar coat it," he said. "It is what it is.
"Regardless of what the chief of police said and regardless of what the public safety director said, Mayor Ballard said that someone on scene knew that this person was intoxicated. That strains credibility that no one knew that he was drinking."
Thursday's ruling dealt only with the driver's license, but there is much speculation as to how this ruling will impact further incidents in this case, particularly the blood draw.

DUI counts against IMPD officer dropped
Sandra Chapman/Eyewitness News
Indianapolis - Several charges were dropped Thursday against the Indianapolis Metro Police officer charged in a deadly crash. Prosecutors say the blood test that showed him legally drunk cannot be used in court against him.
Marion County Prosecutor Carl Brizzi says the DUI blood test which showed that Officer David Bisard had a blood alcohol content of .19 was not done properly, and now he has to drop several charges against the officer.
Bisard, 36, was involved in a high-speed crash August 6 while driving his squad car. He struck a group of motorcyclists who were waiting at a red light at East 56th Street and Brendon Way, killing 30-year-old Eric Wells and critically injuring two others.
Bisard's blood alcohol content was .19, according to a blood draw taken after the crash. Prosecutors charged the K-9 officer with seven felonies including reckless homicide. The DUI-related charges were dropped, but two were added.
Bisard is still charged with reckless homicide and two counts of criminal recklessness after he slammed into the back of two motorcycles.
"The system failed. Our investigation failed. We are embarrassed. We apologize to the family. We apologize to the community," said Dr. Frank Straub, public safety director.
It was a stunning admission by the city's top public safety chief, and it came after Officer David Bisard left court free to get behind the wheel again.
Judge Grant Hawkins ruled Bisard could keep his driver's license. Prosecutor Carl Brizzi blames the snafu on the investigating officers who were on the scene of the deadly crash where Eric Wells died and two others were injured.
"Obviously we're pleased with the judge's ruling and we're gonna leave it at that," said John Kautzman, Bisard's attorney.
"I am frustrated because there is an appearance, whether it's accurate or not, that something was amiss," said Marion County Prosecutor Carl Brizzi.
Hours later at a hastily called news conference, Brizzi and Straub announced an FBI investigation and that four DUI-related charges against Bisard would be dropped. They said the blood was not drawn by a certified medical official, a mistake that could have been avoided if the Fatal Alcohol Crash Team had taken Bisard to a hospital for the draw.
"We believe that the crime lab's analysis was accurate," said Straub. "So we're not calling into question the science. The process is what we're calling into question."
"As a result of that, all of the counts in the charging information that are directly related to the blood alcohol content of .19 will be dismissed by state's motion," said Brizzi.
Bisard still faces three felony counts, the most serious, reckless homicide, and two counts of criminal recklessness.
Now Chief Ciesielski, once convinced his officers did not observe any clues Bisard was intoxicated, isn't so sure.
"I'm saying I have full faith in the investigation as it goes forward will unveil the truth," said the chief.
As a result of the botched investigation, the commander of IMPD's DUI unit has been removed, and Metro Chief Paul Ciesielski will review and search for talented police officers to be reassigned to the Professional Standards Division.
Public Safety Director Frank Straub also discussed the need to address issues of excessive force leveled against IMPD. "Integrity, professionalism and respect are the hallmarks of this department," he said "We will not tolerate, we will not accept, this conduct, excessive use of force, corruption or any disrespectful conduct to the citizens of this city."
Vigil held for biker killed in IMPD crash
Indianapolis - A vigil was held Friday night on Monument Circle, one week after a motorcyclist was killed in a crash with an IMPD officer.
Hundreds of cyclists gathered on the Circle to send a message to remind investigators of what happened. They say they're holding the city accountable for a complete investigation into the death of 30-year-old Eric Wells.
"It's good to see this turnout tonight. Fantastic, fantastic," said Mike Paneda, a cousin of Wells. "We appreciate everybody coming."
Officer David Bisard, a nine-year IMPD veteran, faces seven felony counts, including DUI resulting in death, for striking Wells and two other bikers. The officer's blood alcohol level allegedly tested at twice the legal limit.
"I didn't know Eric. This could have been any of us on our bike. We feel helpless and we need to do something," a woman at the rally said.
The group held a moment of silence for Wells and also remembered the two other riders still in the hospital - Mary Mills and Kurt Weekly.
"She's very broken and in a lot of pain, but we're hoping she's going to get better," said Mills' daughter, Asia.
Mills' family notified the city they plan to sue, filing a tort claim Thursday.
"She's angry," her daughter said. "She wants to see justice. Eric was an extremely good friend of hers and it breaks her heart to know he and his family are going through this."
Hundreds of people signed petitions at the vigil. They say they're worried police won't thoroughly investigate one of their own.
"Our concern is, justice won't be served," said one man.
George Burt was riding with the group when the accident happened, but was not physically hurt.
"Eric and I met the first time Friday. Mary convinced me, 'Beautiful day out, let's go eat'," Burt said.
A week later, he didn't want to talk about the details of the accident.
"Just trying to turn things off. Haven't had time to get away from it," he said.
Also Friday evening, Metro Police Chief Paul Ciesielski released a statement, reassuring citizens about the investigation.
"I have complete confidence that the crash investigation was done thoroughly and properly by IMPD investigators. I also have complete confidence that the internal investigation currently underway will be done in the same professional manner."
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Accident victims plan suits against IMPD officer
Indianapolis - The legal issues are growing for IMPD after last Friday's deadly police crash. One of the survivors of the crash on West 56th Street has already put the city on notice.
Eric Wells died from head injures after prosecutors say IMPD Officer David Bisard hit him with his squad car. As his family and friends hold a vigil on Monument Circle Friday night, attorneys for his family are preparing for a legal battle.
Wells, 30, was the one motorcyclist out of three struck who did not survive his injuries. Wells and his friends were stopped for a red light on their motorcycles at Brendon Way Drive and West 56th Street last Friday. That's when prosecutors say Bisard, a K-9 officer, drove drunk and slammed into their bikes.
"We have had [an] accident reconstruction investigate the scene," said Marvin Coan, the Louisville attorney hired by Wells' family.
Prosecutors charged Bisard with seven felonies, including reckless homicide for Wells' death. Court records show his blood alcohol content measured .19 in a blood draw after the accident.
Reportedly, no one at the crash scene, including fellow officers, suspected Bisard could have been intoxicated.
"Something like this should never occur where a public servant like Bisard abuses his trust," Coan said.
Attorneys for motorcycle rider Mary Mills have already filed a tort claim for her injuries. She and biker Kurt Weekly remain hospitalized.
Attorneys for the Wells family, who are shocked about the crash, too, say Metro police can count on legal notices from them, as well.
"I have been a lawyer for 38 years and have never seen anything quite like this," Coan said.
Wells' parents, who live out of state, laid him to rest this week, as local family and friends prepare their own tribute here in Indianapolis.
The vigil for Eric Wells starts at 7 p.m. Friday on Monument Circle. The attorneys for his family expect to work closely with attorneys for the survivors.
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Injured biker files tort claim against city
Indianapolis - One of the victims of Friday's deadly crash involving an IMPD officer wants the city to pay.
The attorney for 47-year-old Mary Mills took the first step toward a lawsuit that seeks $700,000 in damages, the maximum that can be requested under state law.
What happened at an east side intersection Friday morning already led to seven felony charges against Metro Police Officer David Bisard. Now, it has led to a potential lawsuit. Attorney Mark Ladendorf filed a tort claim, the precursor to a lawsuit, Thursday against the city, calling this a clear-cut case of negligence.
"Innocent people were subjected to trauma, life-long injuries and even death. I don't think any of us have heard of anything like this, at least in my 30 years of practice," he said.
Ladendorf represents Mary Mills, one of three motorcyclists on a ride Friday morning, when their day came to a crashing end.
Investigators believe Officer Bisard drove drunk when he hit the bikes with his squad car at East 56th Street near I-465.
The collision killed Eric Wells. Kurt Weekly and Mills, his passenger, were seriously hurt and remain at Methodist Hospital.
"She has severe orthopedic and neurological injuries throughout her body including a broken leg and broken pelvis. Mary Mills is going to have difficulties for some time in her life. Hopefully by the grace of God she makes a full recovery, but we need to get her as much compensation as we can," Ladendorf said.
Mills' children contacted Ladendorf about a potential lawsuit Sunday, two days after the deadly wreck, but before they even learned Officer Bisard was charged with driving drunk when he hit the bikers.
"Drunkenness in the middle of the day probably is the worst thing that they can hear other than the fact that their mother's been severely injured and her friend," Ladendorf said. "A senseless tragedy that took place. Something that none of us would have thought could happen."
The city has 180 days to respond to the tort claim: admit liability and potentially settle, or deny and face a lawsuit in court.
Mills' attorney also represents George Burt, a biker who witnessed, but was not injured in Friday's crash. He said Burt also plans to file a tort claim against the city.
IMPD officer in court
Indianapolis - A Metro Police officer appeared in court for the first time Thursday on felony charges.
K-9 Officer David Bisard's hearing lasted all of five minutes at the City County Building Thursday morning. He's scheduled to return for more hearings in the near future.
Bisard arrived at the City County Building surrounded by family and his attorney. Prosecutors charged the K-9 officer with seven felonies which include reckless homicide.
Investigators say he drove drunk, crashing into two motorcycles last Friday morning. It happened on East 56th Street as Bisard ran lights and sirens to a felony call. The impact killed 30-year-old Eric Wells and injured two others.
Bisard's blood alcohol content was .19, according to a blood draw taken after the crash.
In a news conference Wednesday, city officials said there was no indication at the crash scene that Bisard was intoxicated. The Fatal Alcohol Crash Team investigated the crash because a fatality was involved, but not because alcohol use was initially suspected, Metro Police Chief Paul Ciesielski said.
After the hearing a third rider, who did not get hit, said he felt Bisard should have done more after the crash.
"Why did he leave me there all alone to see all of this? He walked away. He was not there. That is the only thing I have to say," said George Burt, crash witness. "That is his duty [to stay and assist]. If he screwed up he should have stayed. I was the only one to be there."
"My client is not going to make any statement. We made statements yesterday that this is a process and we are going to follow that process and wait and see what the evidence is," said John Kautzmann, Bisard's attorney.
Bisard's attorney has mentioned challenging the blood alcohol content results.
"If the defendant wants to proceed with independent testing that is their right," said Denise Robinson, MCP Chief of Homicide, but added, "We see nothing to suggest that the crime lab results are inaccurate or that we tested anybody else's blood. "
Also, the Fraternal Order of Police is asking for a DNA test on the blood samples taken from Officer Bisard on Friday. They want to confirm the test was accurate and that his blood alcohol level was indeed .19.
If that's the case, FOP President Bill Owensby says the FOP, in accordance with its bylaws, will not offer Bisard any legal assistance which it normally offers to police officers.
In the meantime, Judge Grant Hawkins wants to know if Bisard will enter an alcohol rehab program. He will also automatically lose his driver's license.
Regarding the suspension of his driver's license, Robinson explained, "That would be common in this type of case, a significant DUI case. The judge, any judge is concerned about future alcohol use."
Bisard remains free on bond as friends and family of Eric Wells prepare to remember him one week after the deadly crash.
IMPD crash victim files tort claim against city
Indianapolis - One of the bikers injured in a fatal crash involving an IMPD officer last week has filed a tort claim against the city.
Attorneys who represent Mary Mills of Indianapolis sent a letter to city officials Thursday. Mills was a passenger on a motorcycle operated by Kurt Weekly when they were stopped at an intersection with co-workers Eric Wells and George Burt, who were also on motorcycles.
Officer David Bisard was on an emergency run when he approached the intersection and struck two of the motorcycles. A blood draw indicated that Bisard's blood alcohol content was .19.
Eric Wells died from his injuries. Mary Mills and Kurt Weekly had critical injuries. Mills has since been upgraded to fair condition at last check, although she and Weekly are "no information" patients, so no updates on their conditions are currently available.
The letter describes Mills' injuries, which include fractures to her left shoulder, right collarbone, multiple ribcage fractures, multiple pelvis fractures, a vertebral fracture at C3 in her spine, a fracture in her left leg and right ankle, as well as severe road rash, infection, skin loss and breakdown.
The letter alleges that Mills' injuries were caused by the "carelessness and negligence of Officer David Bisard."
A tort claim is essentially a notification that someone intends to sue for damages. Mills' attorneys say they don't yet know the full extent of her injuries, but once they do, they will make a claim for damages.
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Officer involved in fatal crash tested positive for alcohol
Indianapolis - The IMPD officer involved last week's fatal crash tested positive for alcohol, Eyewitness News has learned.
Investigators from Indianapolis Metro Police are working with the Marion County prosecutor's office on a possible probable cause affidavit concerning the officer who struck a group of motorcycles last Friday, killing one of them.
The family of Eric Wells, the motorcyclist who died, says a representative from the Marion County Prosecutor's Office called them to reveal that K9 Officer David Bi
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