13 WTHR - Indianapolis News |Trial starts Monday in Indy officer's shooting

Trial starts Monday in Indy officer's shooting

Indianapolis - The man accused of shooting an IMPD officer last year goes on trial Monday.

Brian Reese is charged with attempted murder in the July 2008 shooting of IMPD Officer Jason Fishburn. The officer survived what was considered a likely fatal injury, but his life will never be the same.

The jury selected in Porter County will need to answer an important question: Did Brian Reese intend to kill officer Jason Fishburn?

Monday's proceedings were slow and methodical. Defendant Brian Reese entered the courtroom in a white button-down shirt and blue chinos.

The day began at about 8:30 am, with pretrial motions before the judge. Jurors filled out questionaires, with some saying they had prior knowledge of the case.

One juror was excused for personal reasons. The court is still interviewing jurors, and the Marion County prosecutor says the jury selection process is important.

"It's vital because it's not a crime unless a jury says it's a crime. So if somebody robs a bank right on front of a bunch of police officers and the jury says that the defendant didn't do it, then the defendant didn't do it. So this is the critical stage; the opening statements, making sure the evidence comes in and of course the closing,"said Marion County Prosecutor Carl Brizzi.

Defense attorney David Shircliff did not comment Monday, but once inside, he reiterated what he said last week: That his client did not have intent to kill.

"He did some stupid thing by shooting and, in doing that, the officer got shot," said Shircliff. "But he wasn't intending to kill or even shoot anybody. He was trying to get away."

Since the case was so widely publicized in the Indianapolis media, the trial was moved 150 miles away to Valparaiso in Porter County. Both prosecution and defense attorneys agree that Brian Reese pulled the trigger and shot Officer Fishburn, but for an attempted murder conviction, the state will need to prove intent.

The first witness prosecutors will call on to testify will be Officer Fishburn himself. But because of his injury, he has no memory of what happened before or during the shooting.

"We want to get this behind us, this is going to be a point of closure for the Fishburn family, so we're looking forward to Monday, the second of November, to have justice served," said Dennis Fishburn, the officer's father.

"There's going to be great emotions there in the courtroom, but the thing I'm so proud of is my son is able to take the stand. He is a living hero and he can get up there and articulate those things that he can and those that he can't, well, the jury will get a chance to see that, too," said Dennis Fishburn.

Officer Fishburn has returned to limited duty as an IMPD officer and continues to recover. His father wants to see Reese punished with the maximum possible time behind bars.

"Because he's made a mistake, he's done something wrong and he needs to pay to society for what he did, which is almost, very closely took the life of a police officer in the city of Indianapolis," Dennis Fishburn said.

The trial is expected to last a little over a week.

Case background

Police were attempting to serve an arrest warrant on Brian Reese in July 2008 when he fled. He is accused of firing a shot that hit Officer Fishburn in the head, causing him permanent brain damage. Fishburn is back on desk duty after a long recovery, but still has limited mobility. He was also shot in the torso.

That arrest warrant that police were attempting to serve was in connection with the murder of a 69-year-old Indianapolis man. Police believe that Brian Reese, his father Paul and his mother Barbara, along with Reese's then-girlfriend Lona Bishop, all participated in the burglary and murder of Clifford Haddix, who was shot to death during a home invasion and burglary on Newton Ave July 6th, 2008. Bishop, as well as Brian, Paul and Barbara Reese, face charges in connection with that crime.

Reese was also charged in the murders of Crystal Jenkins and Demetrius Allen on July 8th, 2008. Police believe Brian Reese went to buy crack cocaine from Jenkins and Allen. While at their North Hendricks Place home, he shot them, according to police. Officers found the home ransacked. During a statement, Brian Reese's father Paul Reese allegedly told police that his son Brian told him of the shooting.

Police say the .38 that killed one of the suspected crack dealers was the same gun used to shoot Officer Jason Fishburn.