INDIANAPOLIS – A former Indianapolis Metropolitan Police Department officer who was tried last fall in Fort Wayne is appealing his convictions for killing one motorcyclist and seriously injuring two others while driving drunk in his police cruiser in August 2010.
WRTV-TV reported that a brief filed by David Bisard’s public defenders Wednesday claims that Allen Superior Court Judge John Surbeck should have declared a mistrial after a juror conducted research on the case and reported findings to other jurors.
It also says the judge shouldn’t have ruled that Bisard had abused a position of trust.
The brief also claims Bisard was denied due process on the question of whether he was a tolerant drinker.
On Nov. 5, after two weeks of testimony, a jury convicted Bisard of operating a vehicle while intoxicated causing death; operating a vehicle while intoxicated causing death with a blood-alcohol concentration of 0.15 percent or more; reckless homicide; two counts of operating a motor vehicle while intoxicated causing bodily injury with a blood-alcohol concentration of 0.08 percent or more; two counts of operating a motor vehicle while intoxicated causing bodily injury; and two counts of criminal recklessness.
Surbeck sentenced Bisard to 13 years in prison.