INDIANAPOLIS — Following the sentencing of Elliahs Dorsey, there has been major disappointment from the chief of police, police union and the family of the officer who was killed in the line of duty.
The judge in the case, Mark Stoner, is receiving a lot of criticism.
The Fraternal Order of Police wants Judge Stoner to step down from the bench.
In Feb., a jury found Elliahs Dorsey guilty but mentally ill of reckless homicide, not murder, in the death of IMPD officer Breann Leath.
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Dorsey was also found guilty but mentally ill on five other charges that day.
The state was asking for a maximum sentence of a total of 63 years for all charges.
“And apply good time credit, which is 75% of the time. That results in executed time of 47.25 years,” said FOP President, Rick Snyder.
On Thursday, the judge sentenced Dorsey to an additional 25 years behind bars and 15 years of probation, which is a guaranteed 18.75 years in prison, on top of the four years he’s already served while awaiting trial.
"Which means he could be back on our streets in 18 to 19 years," said Snyder.
If Dorsey violates probation, he can go back to prison for the remainder of the 15 years.
City leaders are frustrated over the reckless homicide charge in Officer Leath’s death.
For that charge, the judge sentenced Dorsey to the time he has already served while waiting for his trial and good credit.
"Time served, that not only was a slap in our face, but you stomped on us and rubbed it into the ground like she was not there. That is not OK. That is not fair," said Officer Leath's mother, Jennifer.
Dorsey's 40-year sentence of 25 years in prison and 15 years of probation comes from the attempted murder charge of Aisha brown.
She's woman who called 911 for help regarding Dorsey on April 9, 2020.
Testimony in the trial revealed, at some point, eight shots were fired by Dorsey through the apartment door.
Leath was shot in the head twice. Three other officers were outside the door.
Shortly after Leath was shot, prosecutors say Dorsey stood over Leath's body and shot at Brown.
“Had she not been shot in this, the defendant quite possibly would have walked out jail free. That’s what’s unacceptable,” said Snyder.
During Thursday's sentencing, Judge Stoner spent an hour explaining his decisions to both sides of the court.
"It's not because I don't understand or don't sympathize," Judge Stoner said. "I don't believe this defendant had the slightest idea who was on the other side."
The sentence is still disappointing for IMPD's city leaders.
"These acts of violence should lead a rational person to think the punishment should be much harsher than what we saw yesterday," said IMPD Chief Chris Bailey. "Now, I have to go to my officers and keep encouraging them to keep putting themselves on the line for our community knowing in the back of their mind that if someone tries to kill them, they may not be punished to the full extent of the law."
Jennifer Leath feels the punishment given to Dorsey sends the wrong message to criminals, police officers, and her family.
"That it doesn't matter. That you can kill people and say, 'Oh I had a bad day,' and there's no consequences, nobody is held accountable. My daughter paid the ultimate price. I think absolutely we need change," said Leath.
In addition to calling on Judge Stoner to step down, Snyder said the following:
We call for the Chief Justice of the Indiana Supreme court to immediately impanel a civilian review committee of the Marion County court system to reinstate confidence of the public and the police. Just a reminder that's good enough for police to have one, it should be good for our courts to have likewise.
We are requesting a meeting with the Governor of Indiana.
Locally, we call on mayor Joe Hogsett and the city-county council to convene a commission on criminal justice outcomes for Marion County in memory of Officer Breann Leath and all domestic violence victims.
We also call on the State of Indiana to re-evaluate decision to make judges in Marion County un-elected by it's residents.
