INDIANAPOLIS — The man accused of shooting and killing an IMPD officer is facing the death penalty early next year.
Elliahs Dorsey's trial for allegedly shooting and killing IMPD Ofc. Breann Leath is still slated to begin in Feb. 12. At a pretrial hearing Friday, Judge Mark Stoner reminded both the defense and state how quickly that date is approaching.
"Time is ticking, the trial is coming up. The discovery is what it is. I have concerns," said Stoner.
A lot to do, with a three-week trial quickly approaching.
Friday, Dorsey's defense asked the court to exclude testimony from one of seven doctors who evaluated Dorsey's mental state. Stoner told the court that doctor couldn't say if Dorsey was insane the day he allegedly shot and killed Leath, but did say he was mentally ill.
"Of all the doctors we've evaluated, she is the only one that has come to this opinion, and it is an opinion that is detrimental in terms of the insanity defense," said defense attorney Ray Casanova.
Stoner made sure Dorsey understood his attorney's strategy, but no ruling was made Friday.
"If the jury recommended that you would be found guilty but mentally ill, my reading of the law is that you would not be eligible for the death penalty or life without parole," said Stoner. "I do want to make sure that your counsel is proceeding with a strategy that if the court would grant that, that it may subject you potentially to a greater penalty. In the sense that, if you were found guilty but mentally ill, you would not be facing death penalty or (life without parole). If the jury doesn’t have that option, then they would have to be choosing between not guilty and guilty and if it was guilty, at this point, you would be eligible for death penalty consideration."
Stoner also said the court sent out 1,200 subpoenas to potential jurors in Marion County.
They must appear to fill out a questionnaire and undergo a pre-screening either Jan. 12 or Jan. 19 to begin the jury selection process.
"The prosecutor’s office must be prepared for those citizens that do not honor the court subpoena, the prosecutor’s office must have adequate staff and be prepared to have indirect contempt citations ready for the court immediately on the 12th," said Stoner. "As soon as we know who didn’t show, that needs to be filed. The court needs to keep that record, because while you all are going through your evaluation of eligibility for death penalty consideration, the court’s going to have to be making a record of making sure we get as complete of a venire as possible."
Final jury selection is scheduled for Feb. 8, with the trial starting Feb. 12. A day Leath's mother, Jennifer, has been waiting nearly four years for.
"I just want our family to begin this healing, because every time we come, every time he delays, every time it just rips the Band-Aid off and we have to relive it over and over and over and our family deserves peace, so does she. We're just looking forward to finally getting across the finish line," said Leath.