INDIANAPOLIS — The Marion County Prosecutor's Office filed to have the death penalty dropped against Elliahs Dorsey, the man facing trial next month and charged with the murder of IMPD Officer Breann Leath in 2020.
The prosecutor's office released the following statement:
“Today, the State of Indiana filed a Motion to Dismiss the Request for a Death Sentence in the case against Elliahs Dorsey. This development comes 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."
On Thursday, the judge on the case granted the prosecution's request to dismiss the death sentence.
Jury selection is already underway for the trial, which is set to begin Feb. 12.
Some 1,200 jurors will be called before 12 are chosen, along with six alternates for the three-week trial.
The defense is working to throw out findings of a court doctor who said Dorsey was sane but does have a mental illness.
Dorsey is accused of murdering Leath while she and three other officers were responding to a domestic violence call involving Dorsey. He allegedly fired through the door, hitting and killing Leath.
Dorsey's public defenders have argued that Dorsey did not know he was shooting at law enforcement. According to the public defenders, the officers did not announce themselves as the police and that Dorsey said, "that ain't the police" before firing shots through the door. His defense team is seeking an insanity defense.
The judge in the case had ruled the prosecution could move forward with seeking the death penalty, but that now appears the prosecution is conceding Dorsey is mentally ill and so cannot face the death penalty.
"I think there's a big difference between mentally ill and insane. I mean, depression is a mental illness. And, I mean, the whole world was going through that with COVID when all that happened. My personal opinion, I don't think he's insane," said Jennifer Leath, Breann's mother.
Dorsey will still face trial on charges of murder, four counts of attempted murder, criminal confinement, and battery resulting in bodily injury.
"I don't think he deserves any freedom," said Jennifer. "As long as he's spending every day he has left behind bars ... I guess it will never be enough because she's not here, but as close as I can get to it, that's what I want."
The Indianapolis Fraternal Order of Police issued a statement after the prosecutor's decision was announced:
"Our Indianapolis Fraternal Order of Police learned today (1/24/2024) of the decision by the Marion Prosecutor Ryan Mears to dismiss the request for the death penalty filed on the defendant in the Murder of IMPD Officer Breann Leath.
This step is obviously a disappointment for our members while awaiting Justice to be served nearly (4) four years since the murder of Officer Leath.
We look forward to better understanding the basis for this decision.
While frustrating, we remain focused on supporting the Leath family and have confirmed their understanding of the process and next steps.
We also collectively remain focused on the Prosecutor pursuing accountability for the remaining Murder and related charges to the fullest extent of the law.
We welcome the opening of the trial as scheduled next month."
And while the pictures on Jennifer's wall serve as a reminder of Breann, seeing Dorsey in court constantly reminds her of what has been taken from her, especially ahead of his trial.
"It's going to be hard, sitting there and listening to every little detail, but we owe it to her. She actually physically went through it, so the least I can do is sit in the courtroom and stand up for her," Jennifer said.
Leath was a mother and just 24 years old when she was killed. She had been with IMPD for more than two years. Leath had wanted to be a police officer like her father since she was young.
She served in the Indiana National Guard and was assigned to the 387th Military Police Company at Camp Atterbury from March 2014 to April 2017, honorably discharged as a specialist.
In her honor, IMPD launched the LEATH Initiative in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Attorney's Office for the Southern District of Indiana. LEATH stands for Law Enforcement Action to Halt domestic violence against men, women and children.
The LEATH Initiative will target domestic violence offenders who commit crimes with illegally-owned guns. Those who have a misdemeanor domestic violence conviction, are the subject of a final protective order, or have a state or federal felony conviction will be at the center of the investigations.
Federal law prohibits previous domestic violence offenders from legally possessing firearms or ammunition. Violators could face up to 10 years in federal prison.
The LEATH Initiative will also work to support victims of domestic violence. Officers will connect domestic survivors and witnesses with social services in their communities to help.