INDIANAPOLIS — Elliahs Dorsey was sentenced Thursday after a jury found him guilty, but mentally ill at the time of the incident, in the 2020 shooting death of IMPD Ofc. Breann Leath.
Judge Mark Stoner sentenced Dorsey for reckless homicide in the death of Leath and for criminal recklessness for shots fired at three other IMPD officers on April 9, 2020. Stoner ruled those sentences to be served concurrently and considered to be time served.
Dorsey was then sentenced to 40 years for the attempted murder of his girlfriend, but the judge said 15 of those years will be suspended. After serving 25 years in prison, Stoner ordered Dorsey to serve the remaining 15 years under mental health probation.
"This is why officers in the city of Indianapolis are fleeing this community," said Rick Snyder, the president of the Indianapolis Fraternal Order of Police. "They can't stand by and watch what is being done to it, torn apart by our very criminal justice system that is supposed to be protecting it. So they are choosing to go to other communities to be able to do that because there's no hope here."
"Our thoughts are with Zayn, Jennifer and Tommy who have demonstrated such strength and resilience throughout an unimaginably difficult process," Marion County Prosecutor Ryan Mears said in a statement. "As we move forward, let’s reflect on Breann’s exemplary legacy and sacrifice.”
Leath's mother, Jennifer, said her family is upset by the sentence.
"He does have to serve some time. He's not just gonna walk out of here, thank goodness," Jennifer said. "I feel like the judge basically ... not really open season on officers, but he basically said (in) our city, you can assault officers or anybody for that matter. You can claim some kind of depression or mental illness and walk away scot-free."
After the sentence was handed down, IMPD Chief Chris Bailey issued a statement, saying the "decision fails to deliver the justice that Officer Leath, her son and her family deserve."
"This man killed a young mother and police officer, robbing Officer Leath of her life and all the potential she had. He also attempted to kill other officers and Ms. Brown. Nothing less than the full sentence under the law for his violent and senseless actions is acceptable," Bailey wrote. "Today’s sentence only makes the grief felt by Officer Leath's family, friends, colleagues, and the entire Indianapolis community much worse."
Indianapolis Mayor Joe Hogsett issued the following statement after sentencing:
“As a former federal prosecutor and as an officer of the court, I acknowledge and respect our system of justice and the decisions that are made by our judicial officials. However, as the Mayor of the City of Indianapolis, as the chief elected official to whom IMPD directly reports, as a father, and as a member of this community, I am shocked and terribly disappointed in the decision of the court today.
In this moment, Indianapolis once again mourns the loss of a model police officer and young mom taken cruelly from the city that she loved so much she sought to protect it. As a community, let us take this moment to reaffirm our commitment to uplifting Officer Breann Leath’s young son, her family, and the men and women who served alongside her at IMPD, and to holding accountable anyone who threatens our city’s peace.”
Dorsey was given the chance to address Leath's family and the court, at which time he asked for forgiveness.
"I only ask for Breann Leath's family and Aisha's family to forgive me. Because like you heard before judge, there's been plenty of times that I really couldn't find a way to forgive myself, and I still can't," Dorsey said.
The verdict
The jury reached the same verdict on all six counts against Dorsey after 14 hours of deliberations on Feb. 23. It was the verdict the prosecution wanted.
“The jury found the defendant guilty but mentally ill. A conviction of guilty but mentally ill requires a sentence in prison in this case," the prosecutor's office said in a statement after the verdict.
But the jury convicted Dorsey of the lesser charge of reckless homicide, not murder, for shooting through the door of his girlfriend's east Indianapolis apartment, killing Leath, who was on the other side of the door.
"I will take that over a mistrial or his insanity defense," Jennifer said. "I will take it because he is going to prison, and that's what I wanted."
"He does have to serve some time. He's not just gonna walk out of here, thank goodness. Of course, we're upset about it," Jennifer said. "I feel like the judge basically — not really open season on officers — but he basically said our city you can assault officers or anybody for that matter. You can claim some kind of depression or mental illness and walk away scot-free."
Seven days of testimony focused on Dorsey's delusions and paranoia that someone was trying to kill him. Five doctors testified that he was not able to appreciate the wrongfulness of his actions at the time of the shooting.
Dorsey also shot his girlfriend as she ran out of the apartment. He was found guilty of attempted murder, but mentally ill, for that, plus criminal recklessness for shots fired at three other officers who were at the door with Leath.
"Thank you to the jury. It's not what we wanted, but she'll finally get some justice," Jennifer said. "And that's all we've been wanting since day one."
She left the courtroom in tears after the verdict.
"Relief. Happy, sad, because she's not here. She's not coming back. She's never going to be here again," Jennifer said. "But I hope I made her proud. I hope I made her proud."
The Marion County Prosecutor's Office previously filed to have the death penalty dropped against Dorsey "after thoroughly reviewing the psychiatric evaluations from the two court-appointed doctors."
"The United States Constitution forbids the execution of mentally ill defendants. Based on all the available evidence, the State has determined that it is constitutionally prohibited from seeking the death penalty," the prosecutor's office concluded in its statement.