INDIANAPOLIS — A jury has found Elliahs Dorsey guilty, but mentally ill at the time of the incident, in the 2020 shooting death of IMPD Ofc. Breann Leath.
After 14 hours of deliberations, the jury reached the same verdict on all six counts against Dorsey Friday evening. 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 on April 9, 2020, killing Leath, who was on the other side of the door.
"I will take that over a mistrial or his insanity defense," said Leath's mother, Jennifer. "I will take it because he is going to prison, and that's what I wanted."
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."
“We want to thank the Leath Family for their dignity and grace throughout an unimaginably difficult time," the prosecutor's office statement continued. "Officer Leath was a beloved mother, daughter, sister, friend, and colleague. Officer Leath devoted her life to service and fulfilled her childhood dream of becoming a police officer. Her compassion was unmatched, and the impact she had on our community, particularly the youth, will live on."
A sentencing date for Dorsey is expected to be scheduled next week.
IMPD Chief Chris Bailey issued the following statement after the verdict:
"Our community, our police department, and most importantly Officer Breann Leath’s family and friends have waited almost four years for justice in her murder.
We are disappointed that the defendant was not found guilty of murder, but guilty of a lesser charge. The jury’s findings of guilty, but mentally ill will ensure he is held accountable for his actions. This verdict does not diminish the pain and sorrow we all feel since Breann was taken from us. We must also remember Ms. Brown, her courage, and all that she has endured, in 2020 and since.
In our country, we should hold the judicial process in high regard. We want to thank the jury for their thoughtful deliberation and service. We look forward to the opportunity for the court to hear from Breann’s family at sentencing and for the judge to impose a sentence fitting of his crimes.
It is also important to recognize the Leath family for the strength and grace they have shown throughout this process. Our community must continue to wrap their arms around them, and never forget Breann’s courage, compassion, love of people and sacrifice.
We would not have gotten to this point without the dedicated work of the Marion County Prosecutor’s Office, the detectives assigned to investigate this case, and Breann’s colleagues who testified and relived the day of her murder throughout this trial.
Our thoughts remain with Breann’s son, Zayn and we hope he feels the love and support of the IMPD and community. Officer Leath will always be the epitome of a true hero, and we should strive to “Be like Bre,” every day while keeping her legacy alive."
Indianapolis Mayor Joe Hogsett also made a statement:
"Officer Breann Leath was a shining light who represented the best of the Indianapolis Metropolitan Police Department, and her murder was a loss for our entire community. I hope this verdict brings some sense of peace and closure to her family, her young son, and the men and women who serve our city."
Dorsey had been charged with murder, four counts of attempted murder, criminal confinement and battery resulting in bodily injury. 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.
Here are key points from each day of the trial:
Day 8 of trial
At about 2 a.m. Friday, the judge was notified by the jury that they were having some difficulty reaching a verdict and hadn't made progress in about four hours.
Judge Mark Stoner had the jury return to the courtroom early Friday morning to provide them with instructions on options for proceeding and to offer to assist jurors in their efforts to resolve any issue they may have. The jury then returned to their deliberation room.
A few minutes later, the jury came back after considering those options, one of them being taking a break from deliberations. Stoner then sent jurors home and said deliberations would resume at 1 p.m. Friday.
Day 7 of trial
Court-appointed psychiatrist Dr. Amy Trivette finished her testimony Thursday morning. She does not support an insanity defense for Dorsey as she believes he had a substance abuse psychosis likely caused by a synthetic marijuana.
The defense recalled Dr. George Parker, director of Forensic Psychiatry at IU. He calls Dorsey a remarkable story that he did as well as he did in life, given his brain issues. He believes the brief psychotic episode Dorsey experienced has largely resolved itself but could reoccur. Parker says he does not follow the logic of Trivette's conclusion that Dorsey had a substance-induced psychosis. Parkers says it "doesn't fit" the evidence.
The defense recalled Indianapolis psychologist Dr. Stephanie Callaway. She said people can have a psychotic reaction to marijuana, but Dorsey's symptoms lasted way beyond the intoxication phase, were severe and lasted longer than would be expected from marijuana use.
Dorsey told the judge that he did not wish to testify in his own defense and agreed with his attorneys' decision to not have him testify. The defense then rested its case.
The jury will be allowed to consider the lesser offense of reckless homicide rather than murder for Dorsey for shooting and killing Officer Breann Leath. Whether Dorsey was insane or not is a separate option. The jury can also consider criminal recklessness as a lesser offense to the four counts of attempted murder Dorsey faces. This is for shooting his girlfriend and firing shots toward the three other officers who were at the door with Leath.
In closing arguments, Deputy Prosecutor Jessica Paxson said the state proved criminal confinement that Dorsey grabbed his girlfriend and pulled her back when she tried to answer the knock at the door. Then, Dorsey opened fire, shooting though the door.
Paxson said Dorsey admitted to shooting his girlfriend as she ran out of the apartment, firing four shots from behind and hitting her twice. Paxson said before Dorsey shot at his girlfriend, Dorsey admitted he saw "a dead police officer" at his feet in the doorway.
Paxson said Dorsey likely struggles with mental illness, but that doesn't mean he did not appreciate the wrongfulness of his actions. She said it’s clear from Dorsey's reactions and comments after the shooting that Dorsey knew what he was doing. He surrendered to police and apologized.
She asked the jury to find Dorsey guilty but mentally ill on all charges.
Raymond Casanova gave the defense's closing argument.
He said Dorsey had no idea who was on the other side of the door, how many people were there, or where they were standing. He said Dorsey was trying to remove a threat, not kill anyone.
Casanova said the doctors who evaluated Dorsey are consistent that he had a psychotic thought disorder and delusional beliefs with paranoia.
Day 6 of trial
The defense team tried to build its case through medical expert testimony that Dorsey should be found not responsible by reason of insanity.
Day six of the trial started with the jury watching the remainder of a video of Dorsey in the police interrogation room for hours before he was interviewed after the shooting. Dorsey broke down sobbing multiple times with his head between his legs before and after he was interviewed by police. He asked himself alone in the room, "What did I just do?"
Over the past two days, the defense has called five psychiatrists and psychologists who evaluated Dorsey. All of them have provided testimony supporting the idea that Dorsey was paranoid and delusional.
One psychiatrist who evaluated Dorsey went as far as to diagnose Dorsey with schizophrenia. Dr. Shawn Agharkar from Atlanta testified that Dorsey has frontal lobe brain damage that made his mental illness worse.
"I diagnosed him with schizophrenia, as well as a mild neurocognitive disorder,” Agharkar said.
He was then asked if his diagnoses impacted Dorsey’s ability to appreciate wrongfulness at the time of the shooting.
“Yes, in my opinion, they did impact his ability to appreciate the wrongfulness of his actions," Agharkar said.
Agharkar has evaluated about 1,500 defendants for a possible insanity defense. He says Dorsey is one of only about 20 people that he actually found to be insane at the time of their alleged crime.
The jury has heard witnesses, 911 calls, and Dorsey himself in a police interview say that he believed someone was trying to kill him when he shot through the door of his girlfriend's apartment. Then, Dorsey shot his girlfriend as she ran out of the apartment.
Dr. Stephanie Callaway, an Indianapolis forensic psychologist who evaluated Dorsey, testified that she concluded Dorsey was psychotic at the time of the incident.
"He in that moment was not able to appreciate the wrongfulness,” Callaway said. “He's experiencing delusions and paranoia. He is acting on those in that moment he hears the knock. He, seconds earlier, had thought that he heard (his girlfriend) say, ‘Come and get this N word’. And here's the knock. And he thinks, in that moment, his life is threatened and that they're coming to kill him, and he responds accordingly.”
An insanity defense requires that the court also appoint doctors to evaluate the defendant. Dr. Stephen Ross, a Fort Wayne forensic psychologist, testified that he concluded Dorsey did not appreciate the wrongfulness of his actions.
"I thought he had a brief psychotic disorder,” Ross said. “I did not see him having schizophrenia. I think he was delusional at the time this went down. He was not experiencing hallucinations. He was experiencing delusions. He had hyper motor activity, worked up a lot, as I noted in the report. But I thought this was a brief psychotic episode."
The last witness of the day, Dr. Amy Trivette, was the first medical expert not to support the insanity defense for Dorsey. The defense tried to block the testimony of the court-appointed psychiatrist from Louisville. But the judge denied the motion.
"He engages in some odd behaviors that day, absolutely, but also some rational, goal-directed behaviors that day,” Trivette said. “So, it’s not as though he’s so psychotic and disorganized that he’s unable to appreciate anything that is going on. And so, in my opinion, his paranoia did not rise to the level of not appreciating the wrongfulness of his actions.”
Trivette believes that Dorsey had a substance-induced psychosis likely caused from smoking marijuana laced with another synthetic drug.
Trivette’s testimony will continue Thursday at 9 a.m. before closing arguments.
Day 5 of trial
Testifying for the defense is Dr. Ruben Gur, a neuropsychologist at the University of Pennsylvania. Gur testified that Elliahs Dorsey has a small brain volume compared to normal. That indicates most likely neurodevelopmental abnormality, the brain just never fully developed. This often makes it difficult for the person to function normally.
Gur said the brain data he reviewed suggests that Dorsey has past brain injuries.
Gur can make no diagnosis, but said his review of MRI & PET scans of Dorsey's brain often indicates someone who would suffer from schizophrenia.
On cross examination, Gur says this is the first time he has ever seen Dorsey in person. Gur says his evaluation of the data must be followed by an examination by a clinician, and any conclusions by the clinician should supersede his conclusions.
Gur said that clinical evaluations of Dorsey that concluded he has a mild neurocognitive disorder are consistent with his evaluation of Dorsey's brain data.
Dr. Charles Golden, neuropsychologist at Nova Southeastern University, testified Dorsey has an acute psychotic disorder and substantial brain injury, with an inability to understand what he did was wrong.
Golden said Dorsey has a well-below average IQ and cognitive deficits that make it hard for him to integrate and understand to make proper decisions. Dorsey's reactions are more like a 10-year-old than an adult, Golden said.
Golden said Dorsey acted in the only way he believed he could to survive, unable to understand that his reactions to his paranoia were inappropriate and overreaction.
Dr. George Parker, director of Forensic Psychiatry at IU School of Medicine, testified that — at the time of the shooting — Dorsey was acutely psychotic and actively delusional. Parker concluded Dorsey had a brief psychotic episode that began well before the shooting and continued after the shooting.
Day 4 of trial
Elliahs' father, Larry, testified on his son's behalf. He said his son had never been in any legal or criminal trouble before the April 2020 shooting.
Larry Dorsey said his son took lots of hits to the head playing football as a kid. He said Elliahs was coaching youth football. On the day of the shooting, the trunk of his car was full of snacks for his players. His father said Elliahs' demeanor changed in the days before the shooting.
“He wasn’t the same – blank stares, twisting his hair, things out of the norm. He had concerns about his safety. Someone was out to kill him, out to kill the family. Not sure where this was coming from,” Larry said.
Larry said he talked to Elliahs on the phone shortly before the shooting. He told Elliahs to come home. Elliahs said he couldn't leave or come home because someone was trying to kill him and kill his family, too.
Elliahs brother also testified that Elliahs was acting out of the norm in the days before the shooting. He said Elliahs asked him to get his kids out of town because someone was out to get them. The same type of account was echoed by other family members and a former girlfriend of Elliahs.
Day 3 of trial
The prosecution rested its case Wednesday afternoon, and the defense began calling witnesses on the third day of the trial.
The evidence presented to the jury included two 911 calls placed by Dorsey’s girlfriend and a near hourlong video of the interview Dorsey gave to detectives on the day of the shooting.
Dorsey’s girlfriend was the first person on the witness stand Wednesday. She testified that she and Dorsey smoked marijuana the night before and the morning of the shooting. She said they smoked marijuana together regularly. At some point that morning, Dorsey said his family was dead. But at her urging, he called and talked to a parent. His family was fine.
Dorsey's girlfriend said he started asking her weird questions and accusing her of calling people to come get him. He had his "baby shotgun" on a strap over his neck and a pistol in his shorts. She said Dorsey said at one point, "I should finish this." She said, "Do it." She said a gun was pointed at her.
She called 911, but Dorsey took the phone from her. The audio of the call was played in court.
Operator: "This is 911.”
Dorsey: “OK. Well, I feel like someone's been trying to kill me all day. And I'm not paranoid about this."
Girlfriend: “Yes he is because he’s trying to kill me."
Dorsey: "You ever have the feeling where you think someone is trying to kill you all day?”
Operator: "No, I have not. Do you want to go to the hospital?"
Dorsey said he did not need to go to the hospital, but he didn't trust that his girlfriend was calling police. The operator finally got the full address and apartment number and said help was on the way.
Minutes later, Leath and other officers knocked on the door for a domestic disturbance call but did not announce themselves.
In the police interview shown in court, Dorsey admitted that after hearing the knock, he fired his semi-automatic pistol toward the door.
Detective: “So what did you think when you heard the tap at the door?"
Dorsey: “I felt that somebody was trying to come get me.”
Detective: “Did you think it was the police?”
Dorsey: “No sir. I didn't know what...”
Detective: “Is that when you started shooting?”
Dorsey: “Yes sir.”
Detective: “How many rounds, how many times do you think you fired?”
Dorsey: “Maybe five.”
Investigators found eight shell casings in the apartment and more on the landing outside the door. Those were fired when Dorsey’s girlfriend ran out of the apartment, and he shot her as she went down the stairs. She was hit in the thigh and back.
The girlfriend called 911 again as she lay on the staircase after being shot. Dorsey took the phone from her again. Police officers were outside preparing to reenter the staircase to retrieve Leath and get Dorsey.
The second 911 call was also played in court. In a back and forth with the operator, Dorsey said:
“Please do not kill me.”
“I’m sorry. Please do not kill me.”
“I feel like someone’s trying to kill me.”
“I just threw the rest of my life away.”
“Please do not kill me.”
“I just thought someone was trying to kill me.”
“I know I’m going away for a long time.”
When police came back up the stairs, Dorsey had returned to the apartment and was on his knees with his hands in the air. His gun was on the floor a few feet away.
In the interview with police, Dorsey said he had felt like someone was out to get him for about a year-and-a-half. He was asked if he was ever diagnosed with a mental illness.
“I haven’t been diagnosed, but I know there’s something going on,” Dorsey replied.
The defense wants the jury to find Dorsey not responsible by reason of insanity. Next week, the defense will be calling mental health experts that have examined Dorsey.
The police interview included this exchange near the end:
Detective: "You want to say anything before we leave the room here, Elliahs?”
Dorsey: “I'm not a killer.”
Detective: “Huh?”
Dorsey: “I'm not a killer.”
Detective: “You're not a killer.”
Dorsey: “I believe something was off.”
The chief forensic pathologist, Dr. Christopher Poulus, testified that Leath suffered two gunshot wounds. One entered just below her left eye with no exit wound. The second entered her left cheek and exited the back of her head. She suffered skull fractures and severe brain injuries that Poulus described as not survivable.
Day 2 of trial
On the second day of trial, IMPD Officer Christian Gehring testified he assisted other officers in retrieving Leath from the apartment staircase after she was shot. When asked if she ever appeared to still be alive, Gehring cried, paused, and said, "No sir."
IMPD Officer Daniel Hiser testified he responded to a shots fired call on radio. He had a rifle and led a group of officers up the staircase to retrieve Leath. On the way up, they passed another woman who had been shot in the legs. Hiser said, as they reached Leath, Dorsey was on his knees inside the apartment with his hands up. There was an "AK pistol" on the floor of the apartment. He heard Dorsey say, "I didn't know she was a cop."
Sgt. Michael Skeens testified officers are not required to announce themselves as police when knocking on the door of routine calls. It is required when serving a warrant.
Skeens said he entered apartment where Dorsey was on his knees with his hands in the air and a gun on the ground four or five feet away. Dorsey was asking officers not to shoot him.
The 911 call placed by Dorsey's girlfriend was played in court. The phone call was still going when police came inside the apartment to arrest Dorsey. Dorsey can be heard saying, "Please do not shoot me. Please do not kill me.”
Sgt. Justin Gray said Dorsey made the following comment when he entered the apartment: "I didn't want to do it, but I had to."
Detective Sgt. Garth Schwomeyer testified that when he got to the apartment, Dorsey was struggling with officers and acting out of control, kicking legs and trying to turn over. Schwomeyer said, after 20-30 minutes in the apartment, Dorsey was still uncontrollable.
At one point in the apartment, Schwomeyer called over the radio, "Suspect in custody." Dorsey then yelled out, "No he's not. He ran out."
Crime scene specialist Laurie Kleveland testified she found eight fired shell casings in the apartment and four outside. She found bullet holes in three apartments.
Day 1 of trial
During opening arguments, the prosecutor said, after officers knocked on the door, Dorsey fired eight shots from a semi-automatic pistol, slicing through the door. A bullet hit Leath in the head, killing her.
The prosecutor said evidence will prove Dorsey was not insane when he shot Leath and knew the wrongfulness of his actions.
Defense attorney Deana Martin said Dorsey felt like someone was trying to kill him and his family all day on April 9, 2020. Also, Dorsey's attorney said Dorsey believed his girlfriend was in on the conspiracy, and that his girlfriend was setting him up. That's why she called the police.
Martin told the jury that Dorsey began to show signs of mental illness after a break up with a longtime girlfriend and thought that someone was out to get him. Martin said, when officer knocked not announcing who they were, Dorsey fired his gun to "shoot the assassins that are coming to get him."
The first witness called by the state was Leath's mother, Jennifer Leath, who said that day — even before she learned of her daughter being shot — she felt like someone punched her. She had a feeling that something was wrong.
Background on shooting
Around 2:45 p.m. on April 9, 2020, someone involved in domestic disturbance called 911 from the 1800 block of Edinburge Square, near North Franklin Road and East 16th Street.
Four officers, including Leath, were dispatched.
Shortly after arriving, officers called out “shot fired” and an “officer down” on the radio.
The officers had not yet made contact with the people inside the apartment when the shooting happened. Officers then backed out of the hallway, but were not able to bring Leath with them.
A sergeant and a team of officers then reentered the apartment building and pulled Leath out. While doing that, they found another female victim in the hallway suffering from multiple gunshot wounds.
Police said the suspect, Dorsey, was still allegedly armed and inside the apartment.
Medics transported Leath to Eskenazi Hospital, where she died. The second female victim who had been shot was taken to Methodist Hospital, and her condition was said to be stable.
No shots were fired by officers during the incident, according to IMPD.
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.
"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.
Remembering Officer Leath
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.