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Court upholds convictions, sentence of a man who shot Indy officer

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The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.

Brian K. Reese appealed his convictions of Class A felony attempted murder, Class A misdemeanor resisting law enforcement, and Class C felony carrying a handgun, which was elevated due to a prior offense. He also challenged his 59-year sentence. Police went to Reese’s girlfriend’s home to speak to him about a murder investigation. He fled from police and shot Officer Jason Fishburn in the head and chest as he pursued Reese.   

Reese raised four issues on appeal – that the trial court abused its discretion by admitting evidence of uncharged bad acts in violation of Indiana Evidence Rule 404(b); the trial court abused its discretion in instructing the jury; whether there is sufficient evidence to support his attempted murder conviction; and whether he was properly sentenced.

Reese was granted a motion in limine to exclude any direct reference to his status as a homicide suspect at the time the officers came to his girlfriend’s home. He testified at trial that the police came to his home because they had a warrant out for him on a theft charge, not because he was a murder suspect. He also testified that he believed the police were chasing him because he was running around with a gun in his hand. After this testimony, the state was allowed to elicit testimony from his girlfriend that Reese knew he was a murder suspect.

“Accordingly, Reese’s testimony ignored the gravity of his legal peril and suggested that he faced only a relatively minor charge that would not motivate him to employ violence to escape,” wrote Judge L. Mark Bailey in Brian Reese v. State of Indiana, No. 64A03-1001-CR-18. “The trial court did not abuse its discretion by finding that Reese offered misleading testimony that ‘opened the door’ to testimony that Reese was aware of his status as a murder suspect.”

The judges did believe Final Instruction 26, which said, “The intent to kill may be inferred from the nature of the attack and the circumstances surrounding the crime. The intent to kill may be inferred from the deliberate use of a deadly weapon in a manner likely to cause death or serious bodily injury,” could have been better written. But they found the use of “attack” to be at most a harmless error in light of Reese’s testimony that he deliberately fired multiple shots, two of which hit Fishburn.

There was also sufficient evidence to support his attempted murder conviction and his sentence. The trial court didn’t abuse its discretion by failing to identify undue financial hardship to Reese’s children as a significant mitigating factor because he, at best, sporadically provided temporary housing and entertainment for his kids, wrote the judge. There is also nothing in the nature of the offenses or the character of Reese that persuaded the appellate court that the maximum sentence given to Reese is inappropriate.
 

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  • Law,
    WAKE UP AMERICA All tyranny needs to gain a foothold is for people of good conscience to remain silent. IT'S TIME FOR ALL AMERICANS TO STAND AND SPEAK UP MUST READ ARTICLES The Infallible Prosecutor: Google it 10,000 innocent people convicted each year Scalia's death row lunacy: Google it Most registered sex offenders are innocent www.wikipedia.org Type censorship in the U.S. in the search box IF YOU DON'T KNOW YOUR RIGHTS YOU DON'T HAVE ANY Jury nullification: A fundamental right! Indiana Constitution: Article1: Section 19: In all criminal cases whatever, the jury shall have the right to determine the law and the facts. The 9th and 10th amendments to the constitution of the United States means the same thing. An unjust law is not a law at all and any person charged with violating an unjust law has not violated any law and should be found not guilty simply because the law is unjust! WE MUST PROTECT OUR CONSTITUTIONS

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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