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Judge denies motion to dismiss death penalty against man accused of killing Indianapolis officer

Officer Breann Leath.JPG
Posted at 1:35 PM, May 15, 2023

INDIANAPOLIS — A unique battle between within the Marion County Prosecutors Office and a Marion County judge ended with the decision to allow the state to seek the death penalty against the man accused of killing IMPD officer Breann Leath.

In March, Dorsey's defense team filed a motion to dismiss the death penalty against Elliahs Dorsey.

This led to Marion County judge Mark Stoner requesting the prosecuting team to show evidence that Dorsey knew Officer Leath was a police officer when he allegedly fired shots through an apartment door and killed her in April 2020.

After Stoner gave both sides a March 30 deadline to provide additional evidence in the case to support the argument for and against the death penalty, Marion County Prosecutor Ryan Mears filed a motion to have Stonerrecuse himself from the case.

Stoner denied that request and on May 11 denied the defense's motion for dismissal of 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.

Dorsey has been charged with murder, four counts of attempted murder, criminal confinement and battery.