officer bisard case update

[darkkevin]

blood evidence WILL BE ADMISSABLE in the officer bisard case. if you don't remember officer bisard ran into the back of a group of motorcyclists earlier this year in his cruiser while on his way to a call, one killed and two severely injured, bad enough right? blood evidence showed the officer was more than twice the legal limit (.019) at the time of the accident!! looked like due to a "snafu" the blood evidence wasn't going to be permitted, a judge today allowed it! nobody should get away with murder.

 

[Benny]

Good on that judge!

Justice may be served after all.

 

[Denny347]

Yes and no. It cannot be used in the DUI charge since it was not taken according to DUI standards. However, it can be used to help prove the criminal reckless charges since they have a different standard.

 

[Benny]

Yes and no. It cannot be used in the DUI charge since it was not taken according to DUI standards. However, it can be used to help prove the criminal reckless charges since they have a different standard.

Could he still spend a substantial period of time behind bars or is he looking at a slap on the wrist?

 

[Fargo]

Could he still spend a substantial period of time behind bars or is he looking at a slap on the wrist?

I believe Crim Reck causing death is a C felony carrying a sentence range of 2-8 years. Off the top of my head, the presumptive sentence on a C is 4 years with variations from the presumptive based on whatever mitigators/agravators are present.

Best,

Joe

 

[Benny]

I believe Crim Reck causing death is a C felony carrying a sentence range of 2-8 years. Off the top of my head, the presumptive sentence on a C is 4 years.

Best,

Joe

Thanks.

 

[Stschil]

I believe Crim Reck causing death is a C felony carrying a sentence range of 2-8 years. Off the top of my head, the presumptive sentence on a C is 4 years.

Best,

Joe

Would it not be prudent to taken into account his profession into a sentencing argument if he is convicted? I would think that a presumption of 4 yrs would be for an avg citizen, not someone charged with the public trust to enforce the very laws that he is being tried for breaking.

 

[Chefcook]

 

[Denny347]

Could he still spend a substantial period of time behind bars or is he looking at a slap on the wrist?

I think if you add all the charges up there is the possibility of 12-24 yrs which means 6-12 actual served years (you know the day for a day rule). In Marion County it is quite possible that the sentence could be served concurrently rather than consecutively wich would reduce jail time. I have seen drivers convicted of criminal recklessness get home detention. If he is found guilty and serves time it will be because he is/was a police officer.

 

[rmabrey]

Would it not be prudent to taken into account his profession into a sentencing argument if he is convicted? I would think that a presumption of 4 yrs would be for an avg citizen, not someone charged with the public trust to enforce the very laws that he is being tried for breaking.

Are you advocating a stiffer sentence?

If so I dont think that fits in the fairness we were all calling for. You cant cry about double standards for LEO then ask for a harsher sentence because he is an LEO

 

[Benny]

I think if you add all the charges up there is the possibility of 12-24 yrs which means 6-12 actual served years (you know the day for a day rule). In Marion County it is quite possible that the sentence could be served concurrently rather than consecutively wich would reduce jail time. I have seen drivers convicted of criminal recklessness get home detention. If he is found guilty and serves time it will be because he is/was a police officer.

Because he is/was a police office or because he was on duty? Your answer to that question makes a BIG difference.

Are you advocating a stiffer sentence?

If so I dont think that fits in the fairness we were all calling for. You cant cry about double standards for LEO then ask for a harsher sentence because he is an LEO

Agreed. I don't think the penalty should be harsher because he's LE, but I do think it should be harsher because he was on duty when he killed that guy.

 

[Stschil]

Are you advocating a stiffer sentence?

If so I dont think that fits in the fairness we were all calling for. You cant cry about double standards for LEO then ask for a harsher sentence because he is an LEO

I personally feel that a person that violates a public trust that they are sworn to uphold should be held to higher accountability. Not specifically because he is LE. Anyone, elected official, banker, doctor, clergy etc these are all positions of trust. When a member in that position performs an unlawful act, one they specifically has bearing on what they do, I do not believe they should be looked at as an average citizen. For example; The clergy who uses his/her position to gain sexual favors from the paritioner, the banker who dupes an investor into putting money into a bad investment for which he makes a profit, or the doctor who performs unneeded procedures just because it's profitable.
So my thoughts on Bisard as these, if he is convicted, his position of authority should be taken into account and hold bearing on sentencing.

I'll add this: I drive a truck for a living. Because of my CDL, my allowable BAC is now .04, no matter what I am driving, whether I am on duty or in my private vehicle. If I am ever caught DUI, my standards are already set to a lower limit than Joe Schmoe because as a professional driver I Should Know better.
With LE, what do they Actively pursue in the traffic violation world? Reckless drivers, speeders, and drunk drivers, correct? Shouldn't an officer know better?

 

[Kutnupe14]

Agreed. I don't think the penalty should be harsher because he's LE, but I do think it should be harsher because he was on duty when he killed that guy.

Negative Ghost Rider. He should not receive a harsher penalty because he was on duty. He should receive the same sentence that is normally given to any regular person... BUT, give that he was on duty, he should have the extra charge of "official misconduct," tacked on.

 

[darkkevin]

I think if you add all the charges up there is the possibility of 12-24 yrs which means 6-12 actual served years (you know the day for a day rule). In Marion County it is quite possible that the sentence could be served concurrently rather than consecutively wich would reduce jail time. I have seen drivers convicted of criminal recklessness get home detention. If he is found guilty and serves time it will be because he is/was a police officer.

just curious, if the criminal recklessness conviction leading to home detention case resulted in the death of an innocent person and the life changing injuries of two others where the offending person was more than twice the legal limit of alcohol, regardless of their profession. that seems rediculous, but i'm not counting out rediculous in our justice system either

 

[phylodog]

I wouldn't be surprised to see a confessed first degree murderer sentenced to home detention in Marion County.

 

[Dead Duck]

So - How long does an officer last in "General Population" in prison now days?

 

[Denny347]

So - How long does an officer last in "General Population" in prison now days?

They are NEVER in GEN POP.

 

[public servant]

I wouldn't be surprised to see a confessed first degree murderer sentenced to home detention in Marion County.

I've seen multiple convicted child molesters sentenced to home detention. Nothing surprises me.

 

[darkkevin]

So - How long does an officer last in "General Population" in prison now days?

i most definitley don't want to see him treated any different than any other citizen, but having a person negligently kill people and get away with it is just asinine. not impossible, as proven in the dean tillema case here earlier this year. someone botched his drug/alcohol test's and none of it was admissible in a case where he killed three passengers riding with him in a horrible fiery crash that makes me cringe to even think about. he got a year or two for reckless driving resulting in the death of another person. had the drug/alcohol been admitted, bet he woulda never seen the light of day from outside a prison yard again.

 

[Benny]

Negative Ghost Rider. He should not receive a harsher penalty because he was on duty. He should receive the same sentence that is normally given to any regular person... BUT, give that he was on duty, he should have the extra charge of "official misconduct," tacked on.

What sort of penalty does "official misconduct" bring?