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John Herrick contributed to this story.

INDIANAPOLIS–The Marion County prosecutor will seek the death penalty for the person arrested for shooting and killing Indianapolis Metro Police Officer Breann Leath, on April 9, 2020.

Prosecutor Ryan Mears said Tuesday that his office filed a request to seek the penalty against Elliahs Dorsey. He said the aggravating circumstance that would justify it is that Officer Leath was performing her duty when she was murdered.

LINK: Interview with Mears from April 2020

Dorsey was charged in April with murder, attempted murder, criminal confinement, and battery. An additional three counts of attempted murder were filed because Mears said Dorsey fired at three other officers who were outside the door of the apartment.

“I think when you look at the objective facts and the circumstances of the case, (Dorsey) was clearly aware that there was a 911 call made from that apartment and those police officers responded. When the officers responded, that’s when the shots were fired,” said Mears in an April interview.

Mears said Dorsey was in an “agitated state”, when he fired five shots through the door of an apartment where he was staying on the southeast side of Indianapolis, at Edinburge Square.