FORT WAYNE – David Bisard hung his head and stared at the floor for the better part of an hour as his defense attorney fought to keep the embattled Indianapolis Metropolitan Police officer out of jail.
It was a losing effort.
An Allen Superior Court judge revoked Bisard’s bond Thursday.
Charged with felony counts of drunken driving, reckless homicide and criminal recklessness stemming from a crash while he was on duty in 2010, Bisard had been out on bond but will now have to spend his days in jail until his October trial.
Judge John F. Surbeck ruled that a second drunken driving arrest late last month in the Indianapolis area showed that Bisard posed a danger to the community.
It is clear that the conduct in the April 2013 arrest demonstrates instability and disdain for authority, Surbeck said during his ruling.
The Indianapolis media have given Bisard’s case heavy play since his patrol car plowed into three motorcycles stopped at a red light one night in August 2010.
One of the motorcyclists died; two others were critically injured.
A blood draw showed that Bisard’s blood-alcohol level was 0.19 percent at the time of the crash, more than double the legal limit of 0.08 percent, and he was arrested.
In the ensuing months, those blood results were thrown out as inadmissible and then brought back again.
Because of media coverage, Bisard’s case was moved to Allen County, where he made an initial appearance surrounded by a team of attorneys, paid for by his police union, in March.
Bisard had been free on bond until late last month, when officers were called to a narrow road in the Lawrence area one afternoon in reference to a pickup truck that had crashed into a guardrail.
The driver, Bisard, had a blood-alcohol level of 0.22 percent and a two-thirds empty bottle of Dark Eyes vodka in the backseat, police said.
He was arrested on a misdemeanor count of operating while intoxicated and transferred to Allen County, where he was held in jail until Thursday’s hearing.
Bisard appeared at the hearing in shackles, dressed in an orange and white striped Allen County Jail outfit with two attorneys – John Kautzman from Indianapolis and Robert Gevers from Fort Wayne.
Kautzman submitted packets of documents and emails in an attempt to show that Bisard was trying to get alcohol counseling but needed to be out of jail to so.
He also argued that Bisard had not violated any terms of his release on bond for the 2010 case.
Kautzman said he had no objection if the court wanted to put stricter rules on Bisard because of his recent arrest, and suggested technology such as an ankle-bracelet to keep tabs on him or other machines used to detect drinking be used on his client.
We strenuously object to a flat revocation of bond, he said.
After Surbeck made his ruling, the question of where Bisard will be held – Allen or Marion County – came into question.
So far, it’s unclear which jail will house Bisard until his trial, which is scheduled to begin in October.
Kautzman requested Bisard, who has been held in Allen County for nearly two weeks, be moved to Marion County so he could readily meet with his client and properly plan a defense.
If Bisard is held in Allen County, Allen County officials can submit paperwork for reimbursement from Marion County.
That paperwork includes reimbursement for various aspects of a trial, as well, including pay for jurors’ meals, their per diem and some court staff.