Brizzi: Fishburn shooting was ambush

VALPARAISO, Ind. — Marion County Prosecutor Carl Brizzi called the shooting of Indianapolis police officer Jason Fishburn an ambush at the opening of his accused assailant’s trial today in Northern Indiana.

When Fishburn chased suspect Brian Reese between houses in July 2008, Brizzi said in a Porter County courtroom, “That is when the defendant switched from runner to shooter — and it happened that fast.”

Reese, 37, is charged with attempted murder and other counts in the July 2008 shooting of Fishburn in a foot chase on Indianapolis’ Eastside.

Fishburn, 30, survived shots to his protective vest and head.

The defense didn’t dispute that Reese shot Fishburn, but argued he lacked the intent to kill when he fired. That is a necessary element for conviction on the attempted murder charge.

Defense attorney David Shircliff said Reese should be held responsible for a less-severe crime.

“What’d he do?” Shircliff said to the jury during his opening statement. “Brian Reese fled. He ran away to escape. When the evidence is in, we’re not going to ask you to like Mr. Reese, or to agree with what he did, or to find he is not responsible for officer Fishburn’s injuries.”

Fishburn testified for about five minutes this morning and said he remember nothing about the day of the shooting. He limped to the stand, one of several visual reminders of his injuries.

The trial began Monday with the selection of a jury of seven men and five women.

This afternoon, testimony was expected from other police officers who were at the Eastside scene with Fishburn.