INDIANAPOLIS — The Marion County Prosecutor's Office filed to dismiss the death penalty against Elliahs Dorsey, the man accused of killing IMPD officer Breann Leath in 2020.
The prosecutor's office says Dorsey has been deemed mentally ill, and is now ineligible for the death penalty.
Leath and three other officers were answering a domestic disturbance call at an east-side apartment complex near 21st Street and Shadeland Avenue when they knocked on a door.
Prosecutors say Dorsey fired shots through the closed door, striking Leath. She died of two gunshots to the head.
Dorsey also shot and wounded a woman who tried to run from the apartment, prosecutors say.
He told police he thought someone was attempting to get to him, so he fired his gun when he heard a knock on the door.
Dorsey has been charged with murder, four counts of attempted murder, criminal confinement and battery.
Previously, a Marion County judge denied a motion for dismissal of the death penalty filed by Dorsey’s defense team in March 2023.
The prosecutor’s office issued the following statement on Jan. 24, 2024:
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.
As stated in the motion, the defendant’s psychiatric history does not prohibit criminal prosecution. The prosecutor’s office is committed to prosecuting the defendant as he is currently charged. Dorsey faces charges of Murder, four counts of Attempted Murder (Level 1 Felonies), Criminal Confinement (Level 3 Felony), and Battery Resulting in Bodily Injury (Class A Misdemeanor).
Dorsey’s trial is set to begin on Feb. 12.
