Judge allowing insanity defense for man accused of killing Officer Breann Leath

INDIANAPOLIS — The man accused of killing IMPD officer Breann Leath is pleading insanity.

Marion Superior Court Judge Mark Stoner ruled Friday that Elliahs Dorsey can seek the insanity defense as he faces a possible death penalty for killing Leath in April 2020.

"You have an absolute right to present whatever defense you choose," Stoner told Dorsey during a hearing in a sixth-floor courtroom at the Community Justice Center.

Pool photo

Dorsey, wearing street clothes, answered questions from the judge and confirmed he does indeed wish to plead insanity. Stoner said the court will assign two psychiatrists to evaluate Dorsey's mental health.

Dorsey faces murder, attempted murder, confinement and battery charges in the April 9, 2020, incident that led to the shooting death of Officer Leath.

Leath and three other officers were called to a domestic disturbance at an east-side apartment complex near 21st Street and Shadeland Avenue.

Prosecutors say Dorsey fired shots through the closed apartment 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.

Stoner approved another delay for Dorsey's trial, which had been set to begin in September. The new trial is set to begin Feb. 12 and is expected to last three weeks.

Jennifer Leath, Breann's mother, said after the hearing that her family has been disappointed by the many delays they've seen in Dorsey's case.

"He's entitled to his defense but it's not like a who-done-it," Leath said. ""It's just frustrating because we want justice for my daughter."

Vic Ryckaert/WRTV

Contact WRTV reporter Vic Ryckaert at victor.ryckaert@wrtv.com or on Twitter: @vicryc.