Closing arguments heard Tuesday in Reese trial

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WTHR-TV

updated 3:15 p.m. ET Nov. 10, 2009

Indianapolis - The court is hearing closing arguments in the trial of Brian Reese, the man accused of shooting IMPD Officer Jason Fishburn in the head during a foot chase last year.

Tuesday morning, a girlfriend of Brian Reese took the stand, saying the Reese told her he was a suspect in a homicide. Another motion for mistrial was denied.

Reese is accused of attempted murder in the July 2008 shooting of Officer Fishburn. Prosecutors are trying to prove he intended to kill Fishburn; the defense has maintained that the shootings were not deliberate.

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The prosecution and defense will get one hour each for closing arguments. The case could go to the jury by this afternoon.

Denise Robinson, arguing for the prosecution, questioned Brian Reese's testimony Monday in which he maintained he was shooting over his shoulder without aiming at anyone.

"He said 'I shot at nothing over my shoulder.' Bullets travel at a thousand feet per second. Somehow, Jason ran around the corner and into those bullets."

Defense attorney David Shircliff countered, "Everything happened so fast. Who shoots a police officer? Not a human being. I never asked you to like Brian or like his behavior, condone it or agree with it. Not a life we understand and I think that's what scares us. I ask you to focus on whether you believe Brian intended to shoot Jason Fishburn....If he wanted a police shoot out, he could have had one. But he didn't."

Shircliff went on to say: "State wants you to believe he had time to stop between to homes to ambush Jason Fishburn. Now they're saying [Fishburn] saw Brian Reese running with a gun in his hand and Jason Fishburn started to shoot at Brian Reese and Brian Reese started to shoot back. Everything happened so fast. Is it possible that Jason Fishburn shot Brian Reese in the back of the shoulder? It's reasonable to believe that Jason Fishburn fired a shot and Brian Reese shot back."

He added: "It's about fleeing. Not about intentional murder. It's about aggravated battery. Everything happened so fast."

But the prosecution cast doubt on Reese's version of events.

"It's a made up defense. We can't go in and pull the bullet out of the victim and the defense knows that," said Brizzi.

Shircliff objected to that statement, to which Brizzi responded, "You are making this a fiasco, David."

"Officers were in legal pursuit of an armed, homicide suspect. That is not a less serious offense. He is guilty of attempted murder," Brizzi said.

Last week, jurors heard from residents and police officers who were present at the time of the shooting.

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.