How long should you have to stay in prison for killing someone ?

[amboy49]

I was watching the 5:00 o'clock news this evening and saw a story about IPD officer David Bisard possibly being released from prison as early as June of this year. For those who don't recall, Bisard was found guilty of driving drunk in November of 2013. He was driving his patrol car when he slammed into motorcyclists Eric Wells, Mary Wills, and Kurt Weekly. Wells died at the scene. Bisard was convicted of drunk driving, reckless homicide, and criminal recklessness.

So Bisard, who has received credit for good behavior, vocation education, and taking a substance abuse class will receive a reduction in his prison time with a release scheduled for this year. Additional sentence reduction was also the result of Bisard obtaining an Associates degree while in prison.

Don't get me wrong - I'm all for rehabilitation and for giving someone a second chance after they've done their time BUT, Bisard committed the crime in 2010 and was convicted November 5, 2013. By my rough calculation if he gets out in June of this year he will have been in prison for 3 1/2 years.

I suppose one could argue that's what the sentencing structure is according to the law. However, 3 1/2 years years behind bars doesn't seem like much for killing someone - whether with a gun, a knife, or your car.

 

[miguel]

As long as it takes to set the gallows up.

 

[hoosierdoc]

What does the victim's family want?

i honestly think it should be up to them whether you get out early.

and if out early then an alcohol monitor until your original sentence is up. Any alcohol and you serve the rest of your sentence.

 

[Snipercop]

The big issue is that there was no criminal intent involved. Had there been criminal intent, the time would have been much longer. As a biker and an officer, I was absolutely blown away when this tragedy happened. It blackened the eye of law enforcement as a whole and the fact that he didn't have the balls to "man up" and admit he was drunk by contesting lack of intoxication until the end makes it worse on the friends and family members. If I'm not mistaken, he was involved in another accident involving operating under the influence in Lawrence while waiting for this case to go to court, but don't quote me on that. 100% feel for you on the short sentence as there was also official misconduct involved, but high-powered attorneys and lack of a previous criminal record helped him achieve a lighter sentence.

 

[Cameramonkey]

The big issue is that there was no criminal intent involved. Had there been criminal intent, the time would have been much longer. As a biker and an officer, I was absolutely blown away when this tragedy happened. It blackened the eye of law enforcement as a whole and the fact that he didn't have the balls to "man up" and admit he was drunk by contesting lack of intoxication until the end makes it worse on the friends and family members. If I'm not mistaken, he was involved in another accident involving operating under the influence in Lawrence while waiting for this case to go to court, but don't quote me on that. 100% feel for you on the short sentence as there was also official misconduct involved, but high-powered attorneys and lack of a previous criminal record helped him achieve a lighter sentence.

He was. Was pulled over in a pickup with an open container of hard liquor in his cupholder.

If that doesnt scream alcohol problem, I dont know what does.

In my mind, THAT right there is where he should get nailed to the wall. Its one thing to say "oops, i didnt realize how much I had to drink at the bar" but totally different to be driving down the road drinking.

 

[Snipercop]

I believe that Bisard had a MAJOR drinking problem. For him to appear 100% normal at the time of the Wells tragedy is a sign that he is a functional alcoholic. That probably played a big part in the lower sentence as well...that he agree to get treatment and rehab for his problem. With time served generally cut in half due to "good behavior", it would explain the lighter sentence.

 

[w_ADAM_d88]

An eye for an eye... kill someone and be killed.

 

[amboy49]

The big issue is that there was no criminal intent involved. Had there been criminal intent, the time would have been much longer. As a biker and an officer, I was absolutely blown away when this tragedy happened. It blackened the eye of law enforcement as a whole and the fact that he didn't have the balls to "man up" and admit he was drunk by contesting lack of intoxication until the end makes it worse on the friends and family members. If I'm not mistaken, he was involved in another accident involving operating under the influence in Lawrence while waiting for this case to go to court, but don't quote me on that. 100% feel for you on the short sentence as there was also official misconduct involved, but high-powered attorneys and lack of a previous criminal record helped him achieve a lighter sentence.

Smart attorneys and a facilitating judge may buy in to the theory of no criminal intent - but it is, I believe, a proven fact that driving under the influence of alcohol is more than likely to result in serious injury to self and others. Based on the research that demonstrates that drinking and driving is contradictory to socially acceptable behavior, I would argue there was intent on the part of Bisard. This is further underscored by his actions prior to the incident that resulted in the death of another human being.

No prior conviction ? Only, perhaps, because his prior arrest had apparently not been adjudicated. Smart lawyer(s), protection by culpable superiors, and leniency in the court system. Result - 3 1/2 years behind bars. In my opinion, not enough !

 

[DeadeyeChrista'sdad]

I think we oversentence for everything. That said, I think 5 years, with no reductions, would be appropriate for manslaughter.

 

[Fargo]

His bond was revoked after the second DUI, if memory serves he had sat in jail for well over a year before his trial. I think your 3 1/2 year number is incorrect. I am guessing it is closer to 5.

Edit: Looked it up, bond was revoked in April 2013. It looks like he got a 16 year sentence with three years of that suspended. Back then, you got two for one credit on upper level felonies. That is no longer the law, although The penalties have generally been made smaller.

 

[hoosierdoc]

the guy who killed my wife's best friend (his wife) was given 20 years with no chance for early release, to my recollection. It was preplanned but he was successful in a "sudden rage" defense. Garbage.

 

[BehindBlueI's]

There are various levels of culpability. Running a red light can cause a fatal crash. Are we going to 'eye for an eye' running red lights?

Prosecutor explains decision not to charge driver in fatal ambulance crash | Fox 59 Killed 2 EMTs, nothing more than a traffic ticket.

Or shoot someone over an argument over a dog and get house arrest: Man pleads guilty to aggravated battery in fatal shooting stemming from dog argument | Fox 59

Anyone who thinks Bisard got preferential treatment has no idea how the courts normally work. If anything, he got more attention due to being a "media case" and being a cop. Cover up? Right. If that was a cover up, it should get an award for worst execution of a cover up. That's been hashed out a bajillion times, though, and I'm not going through the nuts and bolts again.

Now, that out of the way, I knew Bisard. We weren't friends, but were acquaintances. I respected him and looked up to him as a rookie officer. I did not believe he was drunk on duty and did believe there was a mistake. When he caught the second DUI, that was a clue for me and that was the end of my respect for Bisard. I appreciate what he did as an officer before the incident, and am saddened that he turned to alcohol to cope with whatever demons he had accumulated. His story is a powerful one for anyone who wants to see where using alcohol to cope takes you to. Bisard's punishment is more than just his time in prison. It cost him his job, his family, his friends, and his reputation. Where can he go to escape his history? If that's "fair" or "just", I don't know, but he damaged or destroyed a lot of lives in one crash.

 

[Frank_N_Stein]

If we are going to complain about early release, lets look at all cases, not just one.

 

[SMiller]

An eye for an eye... kill someone and be killed.

This, blows my mind how people just let things go these days, I was born a century to late...

 

[SMiller]

If we are going to complain about early release, lets look at all cases, not just one.

Agree, the system is broken

 

[thunderchicken]

First I agreevthe system is flawed, but I'm not sure where our lawmakers need to start to fix it or at least improve it. That said, I think you have to always keep in mind every case has a unique set of circumstances. In this case is it possible he was such an alcoholic that he didn't feel like he was impaired? Maybe but I certainly don't think he had any intent of causing the crash that resulted in the death of Mr Wells (if I recall the name). Compare it to what should the sentence be if a cop on a hot run/ lights & siren blaring, increased speed and for a brief second looks over at info from dispatch on the lap top screen and BAM crashes causing someone to die? To me that is certainly not justifiable for eye for an eye. Being impaired or distracted increases the risk or likelihood of a crash yet I truly believe cops (in general) are some of the most distracted drivers on the road. Driving while listening to police radio, talking on radio, getting vital info on laptop, and some have car radio on, GPS stuck to the windshield and in some cases talking on the phone. More than enough distractions to cause an accident and it has. I also agree with FrankN..if we want to complain about early release complain about all early releases not single out individual cases

 

[thunderchicken]

I also would say by comparison the schmucks that go in some place to rob someone (store or individual) and murder someone in the process. Or some these morons who seriously abuse & neglect kids or seniors and I would be perfectly fine with eye for an eye. Remove the pools at the CCB and set up the gallows.

 

[Trigger Time]

If we are going to complain about early release, lets look at all cases, not just one.

i do. I think they are bull ****. Early release is bs.
if you kill someone unjustly it should be death.
We have punks shooting people that get out early then they kill cops or innocent civilians. The cops are bad enough, no excuse but they know they are targets and volunteer. But to see civilians be gunned down by someone early released or released by mistake is even worse because the system that we put in place to protect us all has failed. Civilians don't put on a uniform and head into danger daily.
we keep putting the same politician judges and the politicians that appoint the others into office. Prosecutors too who plea bargain just to get that closed case in their folder or the "W" for their legacy.
I hope this country gets a big overhaul with the next administration federally. But sadly that will do nothing for Indy because people elect the same poop every cycle.

 

[public servant]

If we are going to complain about early release, lets look at all cases, not just one.

Exactly. Where was the outrage every other time someone received credit for these programs? I think it's BS. But he's getting nothing that isn't available to any other crook that's put behind bars in Indiana.

So don't cry and whine just because of who he is.

 

[Vigilant]

If we are going to complain about early release, lets look at all cases, not just one.

no fan of what happened, but THIS is the right answer!