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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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