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Elliahs Dorsey

Source: WISH-TV / WISH-TV

INDIANAPOLIS — The man accused of shooting and killing Indy Metro Police Officer Breann Leath may no longer be eligible for the death penalty.

The Marion County Prosecutor’s Office announced Wednesday that a motion has been filed to prevent Elliahs Dorsey from going on Death Row.

Leath was killed in April of 2020, and many others were injured in that incident. In January of 2021, the State of Indiana requested that Dorsey receive the death penalty for her murder.

Since that time, Dorsey’s defense team has sought to prove that he is mentally unstable.

They filed an insanity plea on his behalf last year, citing challenges like the COVID-19 pandemic and the need for clinical evaluations as reasons for the delay in filing the plea.

Now, the state has determined that Dorsey is not eligible for the death penalty.

In a statement, Michael Leffler – spokesperson for the Prosecutor’s Office – said, “This development comes after thoroughly reviewing the psychiatric evaluations from the two court-appointed doctors.”

But, not everyone was pleased with this determination.

The Indy Fraternal Order of Police also released a statement, in which they said, “This step is obviously a disappointment for our members while awaiting Justice to be served nearly (4) four years since the murder of Officer Leath.”

The FOP went on to say that they “remain focused” on two main things: “supporting the Leath family” and making sure Prosecutor Ryan Mears pursues “accountability for the remaining Murder and related charges.”