OFF THE WIRE
you may have seen this but it makes me mad
Art
http://motorcycleinjuryohio.blogspotcom/2011/01/motorcycle-riders-hurt-or-killed-by.html
Motorcycle Riders Hurt or Killed by Drunk Cop should get Punitive Damages
says Cincinnati Attorney
This is a sad story of a drunk cop killing and injuring motorcyclists. The
families involved are suffering and are rightfully angry. The cop may get
away with being drunk.
An Indianapolis police officer struck and killed a motorcyclist tested
positive for alcohol at the time of the crash, police confirmed. Multiple
sources close to the investigation told 6News that blood test results for
Officer David Bisard show the officer registered a blood-alcohol level of 0
19 percent, more than twice the legal limit
Eric Wells, 30, was killed Friday morning when Bisard, who was on duty and
responding to a call with his lights and sirens on, said he was unable to
avoid striking two motorcycles at 56th Street and Brendon Way South Drive.
Witnesses said three motorcycles were stopped at the light and couldn't get
out of the way in time. Kurt Weekly, 44 and Mary Mills, 47, both on the
other bike that was hit, were in critical and stable condition at Methodist
Hospital, respectively.
6News' Jack Rinehart received a text message from Marion County Prosecutor
Carl Brizzi on Tuesday afternoon saying he was told by the crime lab that
the officer was drunk, but that he won't see the report until Wednesday
morning.
Police Chief Paul Ciesielski said in a statement that the investigation is
ongoing.
In an interview with 6News Wednesday morning, Ciesielski said he's upset
about the latest negative incident involving an Indianapolis officer.
"This was a shock to us. … I can tell you that this is being treated like
any other person. The investigation is all above board," said Indianapolis
Metro Police Chief Paul Ciesielski.
Police said Bisard is a nine-year veteran of the department. He and his K-9
partner were not seriously injured in the crash.
George Burt, 57, was the only motorcyclist involved in the incident to walk
away from Friday's crash. He attended Wells' funeral Tuesday. Burt was on
the other motorcycle that was not hit by Bisard, investigators said. He
watched as his friends were thrown to the ground.
"Now it makes sense. It wasn't making sense before," Burt said. "It made no
sense. How could this happen? Burt's emotions have swung from considering
forgiveness to anger. "This guy was drunk. This guy was a public servant. He
wasn't supposed to be drunk," Burt said.
But it got even worse as the alchohol related charges were dropped because
the police did not follow the correct procedures. Poor crash scene
management and conflicting policies within the Indianapolis Metropolitan
Police Department led to the botched investigation into the fatal crash
involving Officer David Bisard, according to an internal affairs
investigation.
Mayor Greg Ballard, Public Safety Director Frank Straub and Police Chief
Paul Ciesielski held a news conference Wednesday afternoon to release
details of the 47-page report by the department's Professional Standards
Division, headed by Deputy Chief Valerie Cunningham.
Read Full Report
Cunningham outlined the events of Aug. 6, when police said Bisard was drunk
on duty when he plowed into a group of motorcyclists stopped at a red light,
killing one and severely injuring two others.
She said investigators found that Bisard marked on duty that morning, but
was unaccounted for more than two hours before he voluntarily responded to
help serve a warrant.
Cunningham said Bisard was operating with lights and sirens running, in
violation of department policy, and was also sending and receiving messages
not related to police business on laptop in his vehicle, also a violation of
policy.
According to a statement Bisard made on the scene, he said he looked down,
looked back up and hit his brakes but was unable to stop before hitting the
motorcyclists, police said.
In a civil case the evidence still may be admissable. Also in Ohio you can
sue for punitive damages (punishment damages) in addition to compensatory
damages. Unfortunately punitive damages are not covered by insurance, but if
the defendant has assets you can go after them.
Injured in Ohio by a drunk Driver call Cincinnati Motorcycle accident and
personal injury attorney Anthony Castelli 1-800-447-6549 to get your
questions answered