INDIANAPOLIS — A jury has found Elliahs Dorsey guilty but mentally ill on all six counts of charges he faced in the 2020 killing of IMPD Officer Breann Leath.
After 14 hours of deliberation between Thursday and Friday, the jury found Dorsey:
- Guilty but mentally ill of reckless homicide, the lesser charge for Leath's murder
- Guilty but mentally ill of attempted murder regarding Aisha Brown
- Guilty but mentally ill on three counts of criminal recklessness, the lesser charge of attempted murder for the other three responding officers
- Guilty but mentally ill of criminal confinement
The defense was hoping for not guilty by insanity.
"I just wanna say thank you to the jury. It's not what we wanted, but she will finally get some justice and that's all we've been wanting from day one," said Breann's mother, Jennifer Leath.
Jennifer said the verdict isn't what the family wanted, but says they're grateful they can finally start the healing process.
"Well of course, we wanted the harshest because ya know but I will take over that over a mistrial or his insanity defense. I will take it because he is going to prison and that's what I wanted," she said.
Officer Leath's family waited nearly four years for this moment.
"Relief, happy, sadness because she's not here. She's not coming back. She's never gonna be here again, but I hope it made her proud," said Leath.
Leath was shot and killed through an apartment door on April 9, 2020.
She was responding to a call for help regarding a domestic disturbance.
Behind the door was Elliahs Dorsey.
He fired 8 shots, striking Leath in the head twice.
It's a tragedy Jennifer says has cost both families.
"I mean this is not a win for anybody. We are all suffering. They have lost him. We have desperately lost her," said Leath.
The was a death penalty case until last month.
Seven days of expert and witness testimony focused on Dorsey's mental health at the time of the shooting.
Doctors testified they believed Dorsey was having a brief psychosis.
The question for the jurors to decide: did Dorsey know what he was doing as wrong at the time of the shooting or was he insane in that moment?
The jury deliberated for nearly ten hours Thursday evening into Friday morning.
Around 2:30 a.m., the jury handed the judge a note saying it couldn't reach a verdict.
A hearing was held, and for the first time ever, the judge released a jury to go home, and come back to finish deliberations.
"It was agony, especially when we got sent home last night. The words mistrial got brought up. That was really hard, but we were determined to seek justice for her, even if we had to do it all over again," said Leath.
The jurors went back for the second day of deliberation on Friday at 2 p.m.
PREVIOUS | Jury weighs fate of man accused of killing IMPD officer Breann Leath (wrtv.com)
On Friday, the jury requested further explanation of knowing the wrongfulness of Dorsey’s actions, meaning did he know what he was doing was wrong at the time of the deadly shooting.
The state and defense each had 20 minutes to present closing arguments again to the jury.
They touched on the seven days worth of expert and witness testimony focusing on Dorsey's mental health.
Seven doctors evaluated scans of Dorsey's brain, along with video and audio evidence of him before and after the shooting. The doctors testified that Dorsey was having a brief psychosis.
They also cited Dorsey's paranoia and delusions in the weeks leading up to the shooting.
The defense argued Dorsey thought someone was trying to kill him when he shot through the apartment door, killing Officer Leath and is hoping the jury will hand a verdict of not responsible by insanity.
Meanwhile, the prosecution is hoping for a verdict of guilty but mentally ill.
The state argued Dorsey did understand what was going on.
"When you came in here last Monday, you knew the difference between right and wrong. You also knew how to tell if somebody else knew the difference between right and wrong. You have common sense, you have judgment,” said Robert Beatson. “So, I am asking you to call on your judgment and recognize that you know the difference between right and wrong and on April 9, 2020, so did the defendant.”
“I told you in the opening that this was not going to be easy, and you all know that. At midnight, 1, 2 a.m., you all knew that,” said Defense Attorney Deana Martin. “On April 9, 2020, he was a legally insane man who tragically killed a hero and it’s not easy but do the right thing and find him not responsible by reason of insanity.”
Following the verdict, IMPD released the following statement:
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 released the following 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.
A sentencing date has been scheduled for Elliahs Dorsey on April 4, 2024 at 9:30 a.m.
