INDIANAPOLIS — The man accused of killing IMPD Ofc. Breann Leath is seeking an insanity defense nearly two weeks after the judge determined the state would be able to seek the death penalty.
The attorneys for Elliahs Dorsey notified the court and state of their client raising an insanity defense on May 24.
In the motion, Dorsey's attorneys claim they received jail and prison records in September 2020 that included a report from a doctor. That doctor's report allegedly contains evidence Dorsey was "suffering from a mental illness at the time of the offense."
NOTE: The defense claims they were slowed in entering an insanity defense due to the COVID-19 pandemic, limiting access, and the complexities of the case.
Dorsey is accused of murdering Leath on April 9, 2020, while she and three other officers were responding to a domestic violence call involving Dorsey.
The judge in the case announced the prosecution could move forward with seeing the death penalty earlier in May 2023.
Marion County Prosecutor Ryan Mears is seeking the death penalty, saying the killing happened while Leath "was acting in the course of duty as a law enforcement officer."
Dorsey's public defenders argued that a defendant can only be sentenced to death for murdering a law enforcement officer if the defendant knew 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.
With the judge's ruling, Dorsey would be eligible for the death penalty.
Dorsey's attorneys said they want to be able to bring up the issue of his mental health during the trial phase and during sentencing, if he is found guilty. The insanity defense in sentencing could keep the death penalty from being imposed.
Several mental health professionals have agreed to or already evaluated Dorsey.
Remembering Officer Leath
Officer Breann 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.
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.