IMPD Lt. Darryl Pierce, the highest ranking officer demoted in the wake of an investigation into a fatal crash involving a police officer, tells Fox59 News he did nothing wrong that day.

"Everything we did at the scene was done correctly and it bothered me they talked about failure of leadership," said Pierce a day after his attorney filed a tort claim alerting the city he was about to sue it. "We did exactly what we were supposed to do that day. Everything was done that was supposed to be done."

Pierce, Commander John Conley and Deputy Chief Ron Hicks were demoted for supposedly losing control of the investigation into the David Bisard crash. Bisard was an on-duty officer on August 6th who ran into three motorcyclists with his patrol car on East 56th Street, killing Eric Wells and injuring two other people.

A disputed blood draw later confirmed Bisard tested at .19% alcohol in his blood yet Prosecutor Carl Brizzi dropped the blood test, claiming IMPD incompetence invalidated the results. Brizzi later announced he would attempt to reintroduce the evidence but by that time Pierce was demoted from the position of assistant chief because Police Chief Paul Ciesielski said Pierce did not keep him informed of the seriousness of the crash.

"Shortly before I was getting ready to leave the scene (of the accident), we received information that one of the victims had died and I called (Ciesielski) to him know that," said Pierce.

Fox59 News has obtained cell phone records indicating Pierce and Ciesielski were in contact at least eight times in the first hour after the crash. Ciesielski even told Fox 59 News, "I heard several times from Chief Pierce about what was going on at the scene."

When Pierce was asked if Ciesielski inquired about details of the investigation or gave him any advice, Pierce said, "He never gave me any advice whatsoever."

Pierce and Deputy Chief Ron Hicks were called away from the accident scene that day to attend a meeting in Ciesielski's office on an unrelated matter: the public relations problems of embattled Public Safety Director Dr. Frank Straub. Ciesielski told his top commanders he intended to hold a news conference later that day to support Straub.

"During this whole time in this meeting with the chief there was no question from him or statement from him made about the accident at all," said Pierce. "This was a critical incident that happened and for showing support for the director seem to have priority."

Ciesielski also told fox 59 News, "We didn't talk about the accident at all," but he blamed Pierce for supposedly not telling him how serious the crash was.

Pierce says he is intending to sue Mayor Greg Ballard, Ciesielski and Straub for a violation of his civil rights.

Fox59 News was forced to seek special permission from Chief Ciesielski to interview Pierce due to a department-wide memo issued by Dr. Straub in June which prohibits officers from being interviewed by media.

Straub has since told Fox59 News that officers can be interviewed by reporters without fear of punishment.

Pierce, Hicks and Major John Conley will be interviewed by the City-County Council's Law Enforcement Commission December 15th. That commission is also investigating the aftermath of the Bisard crash including the demotions.

Straub told councilors Wednesday he does not have any objection to officers testifying before the commission. Commission member Duke Oliver (D) is also seeking copies of original and separate reports by detectives that were combined into the final Bisard report issued by Straub on November 10th. That report justified the demotions of the officers for lack of control of the investigation even though Straub has told reporters, "I think that's one of the fundamental problems is their roles at the scene was not clearly defined."

Chief Ciesielski also told councilors the department does not have a policy clearly defining incident command of such a scene even though lack of incident command was the rationale given for Conley's demotion.

Pierce also told Fox59 News that he had two conversations with Officer Bisard at the crash scene and did not detect any indication of alcohol.