INDIANAPOLIS — The man convicted of killing IMPD Officer Breann Leath was re-sentenced Friday morning, receiving additional time for criminal confinement but no extra jail time due to concurrent sentencing.
Elliahs Dorsey was found guilty but mentally ill on six charges for his actions in April 2020. He shot through a door, killing Leath, and also shot Ayesha Brown during the same incident.
A new judge upgraded Dorsey's criminal confinement charge from a lower-level felony to a Level 3 felony, sentencing him to 16 years for holding Brown hostage. The previous judge, Mark Stoner, had sentenced Dorsey to 2.5 years for that charge.
However, the judge decided to keep the sentence concurrent rather than consecutive, meaning Dorsey will serve no additional jail time.
The Marion County Prosecutor’s Office released the following statement regarding today’s resentencing of Elliahs Dorsey:
“Today, prosecutors sought an aggravated sentence to be served consecutively with his other crimes— to ensure the imposed time more appropriately reflects the gravity of his actions. While the outcome was not what we sought, our thoughts remain the surviving victim, the Leath family, and the Indianapolis Metropolitan Police Department.”
| 01. | 35-42-1-5/F5: Reckless Homicide-Use when offense is not committed by using a motor vehicle |
| • Finding of Guilty but Mentally Ill | |
| 02. | 35-42-1-1(1)/F1: Attempted Murder Attempted intentional killing of another. |
| • Finding of Guilty but Mentally Ill | |
| 03. | 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon. |
| • Finding of Guilty but Mentally Ill | |
| 04. | 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon. |
| • Finding of Guilty but Mentally Ill | |
| 05. | 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon. |
| • Finding of Guilty but Mentally Ill | |
| 06. | 35-42-3-3(a)/F3: Criminal Confinement while armed with a deadly weapon |
| • Finding of Guilty but Mentally Ill |
Background on original sentencing
Defense attorney Ray Casanova explained Dorsey's overall sentencing structure. For the attempted murder of Brown, Dorsey received 40 years with 15 suspended, meaning 25 years to be executed. Upon release, he will serve 15 years of probation with psychiatric evaluations and mental health supervision.
Casanova said Dorsey received the equivalent of time served for the lesser reckless homicide charge, which was originally a murder charge regarding Leath's death. He also received time served for three criminal recklessness charges for shooting through the door toward other officers.
"He had been in jail for about 4 years, and the judge used that credit time to basically give him time served on that," Casanova said.
Casanova confirmed that while Dorsey has had contact with social workers during incarceration, "he has not yet received any specific treatment while he's been at the Department of Corrections."
Community reaction
"While he did max it out to the 16 years, this is important for the community to understand it's being served concurrent, which means he'll truly serve no additional jail time under the sentence," said Indy Fraternal Order of Police President Rick Snyder.
Snyder criticized the judge's decision, explaining that the Court of Appeals had left sentencing options open.
"The Court of Appeals made clear when they remanded this back to this court that the sentencing range was completely open to the maximum and the issue of consecutive versus concurrent was completely open to the court as well," Snyder said. "So, the judge made the intentional decision to again shortchange and short circuit our criminal justice system by saying to a convicted cop killer that these crimes deserved no additional jail time to be served."
Leath's mother, Jennifer Leath, expressed mixed feelings about the outcome.
"He did get more time, which is good. We didn't win on the concurrent or consecutive theme, but on the record, he got more time," she said. "It didn't turn out what we wanted, and it's very disappointing, but that just proves that there is room for improvement in our judicial system."
The Leath family filled the courtroom rows in support of Brown.
"Today was about Breann, but not. It was about Ayesha, and we came and stood in solidarity with Ayesha," Jennifer Leath said. "Breann would have stood in solidarity with Ayesha, and that's why our family is here to support her."
Both Brown and members of Dorsey's family, including his grandfather and brother, were present for the hearing.
Casanova said his team was satisfied with the judge's decision, calling it "appropriate" and attributing the incident to mental illness rather than criminal intent.
"This incident was the result of mental illness. It was not the result of any specific criminal intent," he said. "Mr. Dorsey and his family are very remorseful for this."
