The Fort Wayne Journal Gazette, Article

A deputy Allen County prosecutor has resigned, about two months after being caught with marijuana at a concert.

David B. LeBeau, 41, was issued a ticket for possessing less than 30 grams of marijuana, a Class A misdemeanor.

According to Allen County Chief Deputy Prosecutor Michael McAlexander, LeBeau entered the pretrial diversion program in Hamilton County and verbally resigned from the local prosecutor’s office late last month.

He worked for two more weeks while he trained his replacement, McAlexander said. Monday was the last day in the office for LeBeau, who had been with the prosecutor’s office since about 2002, McAlexander said.

LeBeau, assigned as the section chief for Allen County Circuit Court, handled predominantly cases involving drunken-driving offenses.

According to a police report from the Indiana State Excise Police, LeBeau was standing near the rear of a car in the parking lot of the Verizon Wireless Music Center in Noblesville before the Dave Matthews Band concert on Aug. 1.

Excise officers walking the parking lot saw Lebeau “holding and smoking a hand-rolled cigarette.” One of the people he was talking to pointed out the officers and LeBeau walked toward his car, according to the report.

The officers identified themselves and ordered him to drop the cigarette, which he did. The officers noticed a clear plastic bag containing marijuana and cigarette rolling papers sitting in plain view on the console. When asked whether there was anything else in the car, a woman with LeBeau handed officers a paper wrapper that contained four additional hand-rolled marijuana cigarettes and one partly rolled cigarette.

The two were issued tickets ordering them to appear on the misdemeanor marijuana charges, according to the report.

The Seminal Full Article

Last week, Taser International spokesman Steve Tuttle revealed that the use of Tasers, which are now standard issue weapons for police officers everywhere the United States, has serious risks.

Edward Ibarra, 21, has been accused of killing his mother’s fiance

Post Tribune Full Article

VALPARAISO — Valparaiso’s first homicide in more than a year reportedly was a reaction to a dirty look.

Details were disclosed Tuesday as Porter County prosecutors officially charged Edward Ibarra, 21, with murder in the killing his mother’s fiancé.

The death of Juan Garcia initially was reported as the result of a conflict between roommates.

However, the probable cause affidavit by Detective John Ross, of the Valparaiso Police Department, described ongoing conflict between Ibarra and his 33-year-old future father-in-law. Garcia lived in Illinois but frequently stayed at 308 Morgan Blvd. with Wanda Ibarra.

Indiana Lawyer Full Article

The 7th Circuit Court of Appeals rejected a defendant’s argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn’t meet the definition of a “crime punishable by imprisonment for a term exceeding one year” under 18 U.S.C. Section 921(a)(20)(A). This is the first time the 7th Circuit had addressed this issue.

Post-Tribune Article

VALPARAISO — The Indianapolis police officer who was shot in the head and chest in July 2008 was the first witness in Tuesday’s attempted murder trial.

Jason Fishburn walked slowly to the front of Superior Court 5, his leg held with a support brace.

His few words came with difficulty during the trial, which was moved to Porter County because of publicity in Indianapolis.

Fishburn couldn’t recall the day that Brian Reese, 37, shot him during a foot chase.

Although Fishburn has taken a desk job, “anything he does takes a lot of effort,” Fishburn’s wife, Tonya, said. That includes reading and writing.

He’s not expected to regain any more memory, and any other improvements would be small.

Reese did shoot the officer, Defense Attorney David Shircliff said in his opening statement just before Fishburn took the stand. “We’re not denying that he caused Jason Fishburn great injuries. But we believe that when we’re done, you will not find Brian Reese guilty of attempted murder,” Shircliff said.

Reese was focused on escape and is guilty of resisting law enforcement for escaping from police and avoiding them during a chase that began at a girlfriend’s home.

Police planned to talk with the girlfriend when Reese walked out of the door, then closed it and jumped out a window.

From the time that Reese left the house to when his mother went to pick him up shortly before the foot chase began, Reese had opportunities to shoot other officers and bystanders if he was intent on killing, Shircliff said.

Marion County Prosecutor Carl Brizzi said in his opening statement Reese eluded police because he was a fast runner.

“This time, Officer Jason Fishburn is in a position to stop him,” Brizzi said.

Before the trial began, two issues were settled.

Two jurors who’d seen Reese brought to the courthouse in handcuffs were allowed to remain jurors because they felt it wouldn’t prejudice them.

Fishburn and his wife were also allowed to sit in on the trial after they testified as long as they made no disruptions.

“It’s a public courtroom, and if he’s not under subpoena, he’s allowed to stay,” Superior Court Judge Lisa Borges said.