As you can see from the image above the one who's been shot is none other than Nick Fury. If I had to guess I would say that this is the first encounter of Captain America with the Winter Soldier and that this scene takes place before the other scene from the trailers where the Winter Soldier takes down Fury's car. This is what puts Nick Fury in a hospital bed. Also his face doesn't look that beat up yet.
If you think about it you'll notice that in one of the TV spots Black Widow asks Cap to tell her about the SHOOTER. Meaning she doesn't know who did it at the time. It wouldn't fit for her to ask that question after the Winter Soldier took down Fury in broad daylight because everybody would have known by then. I also assume that Winter Soldier attacks her and the Falcon in the same day he made his second assault on Fury when he took down his car.
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