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Ex-IMPD officer’s convictions upheld in 2010 fatal accident

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Jennifer Nelson for www.theindianalawyer.com

Former Indianapolis Metropolitan Police Department officer David Bisard, convicted of drunken-driving offenses after he struck three motorcyclists while responding to a non-emergency call, was not entitled to a mistrial based on juror misconduct issues, the Indiana Court of Appeals ruled Wednesday.

Bisard challenged his convictions and aggregate 16-year sentence for Class B felony operating a vehicle with a BAC of 0.15 or higher causing death and two counts of Class D felony operating a vehicle with a BAC of more than 0.08 percent causing serious bodily injury. While in uniform and in his marked vehicle, he drove nearly 75 mph to respond to a police call when he struck Eric Wells, Mary Mills and Kurt Weekly while they were stopped at an intersection. Wells died and Mills and Weekly were seriously injured. A standard procedure blood draw found Bisard’s blood alcohol content after the accident was 0.19.

Publicity surrounding the trial led it to be moved to Allen County, where Bisard was convicted in 2013.

In David Bisard v. State of Indiana, 02A03-1312-CR-492, Bisard claimed he was entitled to a mistrial based on independent Internet research Juror 8-2 admitted to doing despite instructions not to. That juror looked up instruments used to analyze blood samples and whether someone could “beat a blood alcohol test.” After removing that juror from the jury and questioning the other jurors, the judge decided to proceed with trial.

“Given the trial court’s assessment that the dismissal of Juror 8-2 removed any taint on the jury, the State was not put in the position to have to present additional evidence demonstrating that Juror 8-2’s conduct was harmless. The trial court is in the best position to gauge the surrounding circumstances of an event and its impact on the jury, we will not second-guess the trial court in this regard. Having reviewed the record, we conclude that the trial court’s finding that a mistrial was not warranted was supported thereby,” Judge Ezra Friedlander wrote.

Bisard also claimed his right to present a defense was denied when the trial court ruled if he presented evidence from witnesses that he was not a heavy drinker in response to expert testimony offered by the state that generically testified about tolerant drinkers, he would open the door to evidence of his 2013 OWI arrest.

“[T]he trial court merely foreshadowed what its ruling regarding the admissibility of his 2013 OWI arrest would be if in fact Bisard chose to present witnesses to testify as to his drinking habits. It remains, however, that Bisard did not put forth his proposed witnesses, and the State did not offer evidence of his prior OWI arrest. The trial court, therefore, was never asked to make a ruling,” Friedlander wrote. “Difficult evidentiary and strategic decisions do not in and of themselves violate a defendant’s due process right to present a defense.”

The judges also found no abuse of discretion when the court sentenced Bisard and considered as an aggravating factor that he had abused police power and breached the public trust.
 

ISP Responds to More Than 200 Calls for Service from Midnight Thru 8:00 p.m. on March 4th, Including One Fatal Crash

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Across central and southern Indiana, from Midnight March 4th on through 8 p.m., the Indiana State Police responded to reports of 99 Property Damage and 24 Personal Injury crashes, plus response to 116 vehicles that slid off the road and an additional 158 responses to assist motorists with traffic/weather related problems.

Unfortunately, there has also been one reported fatality crash that occurred in Hendricks County, around 7:20 this morning, at State Road 59 and County Road 200 North.

In southern Indiana, on I-64 in Vanderburgh County, the west bound lanes are closed due to different crash scenes at the 12 and 18 mile markers.  It is expected the lanes will be closed through 11:00 p.m. this evening.

Road conditions in central Indiana range from isolated slick spots, with deteriorating conditions farther south to very treacherous conditions in the southern most portions of Indiana.

Hoosiers should carefully consider if travel is necessary, especially when roads are snow covered, icy and hazardous. If travel is necessary, the Indiana State Police, Indiana Department of Transportation and the Indiana Department of Homeland Security are encouraging motorists to use a variety of resources to make an informed decision.

One source is the Indiana County Travel Advisory Map. It’s updated with travel information determined by county emergency management agencies and describes the conditions for a travel warning, watch, advisory and caution.

The map is available online at http://www.in.gov/dhs/traveladvisory/  or on a mobile device by downloading the Indiana Travel Advisory app for iPhone (https://appsto.re/us/QHVw4.i) in the App Store, and Android (https://play.google.com/store/apps/details?id=gov.in.traveladvisory) in the Google Play Store.

Keep an eye on road conditions and closures across the state using the Indiana Department of Transportation’s TrafficWise service at trafficwise.in.gov.

When roads are ice covered, the only difference between two wheel drive and four wheel drive vehicles is how many of your tires are sliding on the ice.

Please be patient to avoid becoming a patient.

IS IT TRUE MARCH 5, 2015

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IS IT TRUE Springleaf Financial Services announced that it is moving its headquarters from Evansville to Connecticut during the third quarter of this year?….it is not clear how the move will affect the employees who work at the downtown campus?….a spokesperson for Springleaf stated that there would continue to be a “significant presence” in Evansville?….the change stems from Springleaf Financial Services’ purchase of One Main Financial, which is a similar business to that of Springleaf but on a larger scale?….One Main Financial is owned by Citi, who will sell the business for $4.25 billion dollars, and has more than 1,000 branches in 43 states with 5,600 employees?….the Springleaf brand will be phased out in 2016 while 200 of its branches will be consolidated that same year?

IS IT TRUE the Evansville City Council voted unanimously for Resolution C-2006-15 at its August 28, 2006 meeting to declare the downtown campus of what was then called American General Finance an Economic Revitalization Area for Property Tax Phase-In for Redevelopment/Rehabilitation of Real Property and for the Acquisition and Installation of New Information Technology?….on September 11, 2006, the Evansville City Council voted unanimously for Resolution C-2006-17 which approved bonding for the project at $3.8 million dollars?….the City Council unanimously approved the 10 year property tax phase-in through Resolution C-2006-20 on September 18, 2006?….the project was presented to City Council at its August 7, 2006 meeting by DMD Director Greg LaMar and Larry Gigerich of Genovis, who was hired by American General Finance to assist with site selection of its new headquarters, and the legislative body unanimously approved Resolution C-2006-14 A Resolution of the City Council in Support of a Project Agreement with American General Finance, Inc.?….the minutes of these meetings are available for review on the City of Evansville’s website?….the package to entice American General Finance to build a new headquarters in Evansville consisted of $3 million of incentives through the State of Indiana, $3.8 million dollars through the City of Evansville and a 10 year property tax phase-in on the new 135,000 square foot structure?

IS IT TRUE at the August 7, 2006 City Council meeting, Mr. Gigerich stated that the company had 1500 branches, 10,000 employees, of which 1,500 were in Evansville, $26 billion dollars in assets, and annual revenue of $3 billion dollars?…Mr. Gigerich stated that approval of the project agreement would “allow the company to make a commitment to stay and grow in downtown Evansville,” and that the incentive package “provides the company with the capability to accommodate future expansion in downtown Evansville”?….he went on to say that the agreement would retain 960 employees at the downtown campus, add 150 new jobs, and that the payroll for the downtown location would grow to $46 million dollars a year?….the new headquarters itself was to cost $20 million dollars plus $15 million dollars in new personal property purchased over 5 years?….the construction project began in 2007 and was completed in 2009?….the property tax abatements are set to end after 2019 and are most likely on a graduated schedule with the company currently enjoying a 40% abatement?….it is unclear at this time but doubtful that the City has claw back provisions in its project agreement?

IS IT TRUE American General Finance, now Springleaf Financial Services, started to disintegrate before its new headquarters were finished?….the company’s practices in its subprime mortgage lending business created the company’s need for billions of dollars in federal bailout funds in 2008 and 2009?….there was a loss of $1.3 billion dollars for fiscal year 2008 with 179 branches closed and 380 jobs cut before the end of that year?….one of the branches closed in 2008 was here in Evansville?….by the end of 2008, American General Finance had declined to 1,200 branches and only 8,000 employees?….the situation got worse in 2009-2012 with the company put up for sale in 2009?….the company was purchased in 2010 but the financial losses did not stop until well into 2013 and only after its mortgage portfolio was sold, hundreds of branches closed and thousands of employees laid off?….the current number of employees for Evansville is 1,155, and the company is down to 830 branches?….it’s probably inevitable that significant job loss will occur in Evansville through this transition, and the writing has been on the wall for a move to Connecticut for some time, as the top executives for Springleaf already live and run the company from Connecticut?….we will say prayers for the employees of Springleaf who nervously await news of their fate?….it is quite cold of Springleaf management to make such an announcement without specifics and create the kind of stress that these employees are no doubt experiencing today?….on the brighter side, potentially there’s a new use for the relatively new 135,000 square feet structure with a parking garage in downtown Evansville?….it may be available by the fall of 2017?

IS IT TRUE we will talk about the motel announcement from yesterday and run the numbers for the downtown TIF tomorrow?…..we thank you for your support and look forward to bringing you the news in a way that not only brings you into the discussion but makes you feel compelled to participate?

Schools Closed

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he EVSC will once again be closed tomorrow, March 5, due to the snow-covered roads. Again, when the EVSC is closed, that means all schools and offices also are closed.

METS Rider Alert

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Due to weather conditions

METS will stop scheduled bus service today 3-4-15 at 6:00pm.

 

If weather conditions get worse

METS, for safety reasons, may need to close earlier.

 

METS will communicate changes through the Mayor’s Office,         Evansville Police Department, and local media.

 

Be Safe — Pleased plan accordingly.

Chief Deputy Strange appointed to the Board of Directors for the Indiana Sheriffs’ Association

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Chief Deputy John Strange has been appointed to the Board of Directors for the Indiana Sheriffs’ Association. Chief Deputy Strange is only one of four chief deputy sheriffs from across the entire state that was appointed to the Board. Chief Deputy Strange will also serve on the Board’s committee for Communications and Technology. Sheriff Dave Wedding will serve on the Nominating Committee, Rules and Bylaws Committee, and the Legislative Advisory Committee. The Indiana Sheriffs’ Association was first established in 1930 to promote better communication and exchange information between the sheriffs and law enforcement personnel. The association provides training and educational programs for sheriffs and other law enforcement personnel. The association is a membership organization that is supported and funded entirely from membership dues, corporate sponsorships, advertising in The Indiana Sheriff magazine and donations.

Sheriff Dave Wedding stated, “Chief Strange’s knowledge and executive experience will be an asset to the Board as it is to our Office. Additionally, I am honored to have been asked to serve on these committees and I look forward to working with my fellow sheriffs to enhance the overall quality of service to the communities we have been elected to serve.”

 

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Schools Closed

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Due to the threat of severe weather moving into our area today, the EVSC has made the decision to cancel all classes today, March 4. When the EVSC is closed, that means all EVSC schools and offices also will be closed.

CHERYL MUSGRAVE TO BE HONORED AS 2015 MOLE AWARD WINNER

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The City County Observer is proud to announce Cheryl Musgrave as a 2015 Mole Award Winner for Good Public Policy. Musgrave currently sits on the Vanderburgh County Board of Zoning Appeals, is a Commissioner on the Evansville Redevelopment Commission, co-hosts the local television program Tri-State Voices, and was recently given credit by State Representative Gail Riecken for the idea of tying local permit approvals to a business demonstrating it is current on its real property and personal property taxes. Her ability to work with people of every party affiliation has kept her relevant to local government and a lauded decision maker for over twenty years. Her work for the community is done while she also is building her own business in Musgrave Consulting, LLC.

Musgrave’s family has long been involved in public service. After her grandfather’s B-17 Bomber crashed during a mission in World War 11 he was a prisoner of war in Nazi Germany. Her father continued the family’s military service as a Sergeant in the United States Air Force, serving on bases in Europe and Alaska during the height of the Cold War. Thereafter her family settled in Greencastle, Indiana, and both of her parents entered politics. Her father served multiple terms on the Putnam County Council and was elected by the body as President. Her mother was elected Township Trustee-Assessor in Putnam County, and as County Chairman of her party.

Cheryl married Robert Musgrave, an Evansville  attorney and the United States Bankruptcy Chapter 13 Trustee, in 1979, the year they both graduated from DePauw University.  They moved to Evansville in 1983, and have made their home in the city’s historic Downtown.

Musgrave was first elected as the Vanderburgh County Assessor in 1994. When she arrived, the office staff still used typewriters and liquid correction fluid to process their paperwork. She updated and streamlined her office, adopting a hands-on approach to the job of assessing property values. She earned her Level I and Level II assessing certifications from the State of Indiana. She offered her staff nationally recognized training courses as well. Thanks to her improvements, Vanderburgh County was often the first county in the state to complete its reassessment.

Musgrave’s understanding of technology resulted in the creation of a website that was the first of its kind. Citizens were given constant access to both property records and sales information. The site went online in 1997, and has significantly altered the real estate industry in Vanderburgh County. Musgrave also took the lead in developing the county’s Geographic Information System an online map used by both the private and public sectors.

Cheryl was asked to serve on the Legislative Committee of the Association of Indiana Counties and was Legislative Co-Chairman of the County Assessor Association. Many of her suggestions and innovations have been incorporated into Indiana law.

Musgrave was elected Vanderburgh County Commissioner for District Three in 2004, and a year later became President of the Board of Commissioners. She was praised for her efforts to help victims of the Evansville tornado of November 2005 and also for accomplishments in economic development, improved government performance and road projects.

She was a member of the 1999-2000 Lugar Series Class.  The Lugar Series selects approximately 20 women annually to participate in a year-long leadership training program.

In the summer of 2007, Governor Mitch Daniels appointed Cheryl as Commissioner of the Indiana Department of Local Government Finance in an effort to respond to widespread outrage and protests at local property tax assessment increases. Cheryl reigned in the growth of local governments’ budgets. She also led reforms in consolidating assessing at the county level. During her tenure, the State Legislature through a series of public referenda eliminated all but 13 of the state’s 1,016 township assessors.

Musgrave, a Republican, is a long term resident of the City of Evansville and is known for her no nonsense pragmatism when it comes to due diligence regarding the spending of public money. Her public policy background and accomplishments make her well deserving of a Mole Award. Our annual luncheon honoring Mole Award winners will again be in late October, and details about this year’s event will be released very soon.

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