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Elliahs Dorsey

Source: WISH-TV

INDIANAPOLIS (WISH) — The man facing a possible death penalty for the murder of IMPD Officer Breann Leath wants to seek an insanity defense.

Attorneys for Elliahs Dorsey filed notice with the court on Wednesday, according to court documents obtained by News 8.

Dorsey faces charges for the April 2020 shooting death of Officer Leath as she responded to a 911 call at an east side apartment.

In the motion, Dorsey’s attorneys say they may use an insanity defense in both the guilt/innocence phase of the trial as well as sentencing.

The attorneys also acknowledge the motion for an insanity defense is later than typical court guidelines, but blame at least part of the delay on issues caused by the COVID-19 pandemic.

Dorsey’s legal team claims he has been evaluated by multiple medical experts, including Dr. Stephanie Callaway who found Dorsey “was suffering from a mental illness at the time of the offense.”

A Marion County judge ruled last week that prosecutors can seek the death penalty against Dorsey.

“In reviewing the exhibits, the Court does find there is some evidence, particularly within the unsworn statement of Aisha Brown given to IMPD investigators, that the State could argue to a jury that the Defendant had actual knowledge,” Judge Mark Stoner wrote. “The evidence must be entered as substantive evidence against the Defendant, and the jury would have to determine what value to give it.”

Judge Stoner issued his ruling after rejecting a prosecution request that he step down from the case.

Dorsey is currently due back in court June 2.

His trial is set to begin September 18.