Friday, October 26, 2012

City of Indianapolis agrees to pay $2.3M to remaining victims in Bisard case

OFF THE WIRE
Indianapolis

The city of Indianapolis has agreed to pay $2.3 million to two victims who were seriously injured in a crash involving Officer David Bisard.

The attorneys for Kurt Weekly and Mary Mills signed off on the deal Thursday. The settlement will end all litigation against the city following the 2010 fatal crash.

Weekly will receive $1.35 million while Mills will receive $975,000. As a part of the settlment, the city and Bisard did not admit any wrongdoing.

"We are pleased to have reached this agreement to help the victims, their families and our community begin to put this terrible tragedy behind us," said Marc Lotter, Spokesman for Mayor Greg Ballard.

The city also recently settled a $1.55 million lawsuit with Wells' widow, Luisa Wells.

The settlements do not affect the criminal case against Bisard. Bisard is accused of being drunk when his squad car plowed into a group of motorcyclists in August 2010, killing Eric Wells and injuring both Weekly and Mills.

Charges against Bisard include operating a vehicle while intoxicated and reckless homicide.

Controversy has surrounded the Bisard case since the beginning. Defense attorneys have argued the blood draw taken after the crash shouldn’t be used as evidence on a technicality, arguing that the medical assistant who took the sample didn’t follow proper procedures. They also said the draw should have been taken at a hospital instead of a clinic.

Back in September, the Indiana Court of Appeals ruled the blood evidence is admissible. Last week, Bisard's attorneys petitioned the Indiana Supreme Court to overturn that decision.