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Thread: Murder Trial Underway for Elliahs Lamar Dorsey in 2020 IN Murder of Officer Breann Leath

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    Murder Trial Underway for Elliahs Lamar Dorsey in 2020 IN Murder of Officer Breann Leath








    Indianapolis officer fatally shot on domestic violence call


    INDIANAPOLIS (AP) — An Indianapolis police officer was shot and killed Thursday while responding to a domestic violence call, authorities said.

    Officer Breann Leath, 24, was shot at an apartment complex on the city’s far east side. Leath died at Eskanazi Hospital, Chief Randal Taylor said.

    A suspect was taken into custody, said Deputy Police Chief Chris Bailey. A female civilian also was shot, he said.

    “Officer Leath turned toward the danger,” Mayor Joe Hogsett said at a news conference outside the hospital.

    “Officer Leath made the ultimate sacrifice on behalf of her brothers and sisters and made the ultimate sacrifice for an ever-grateful city.”

    Hogsett directed that flags be lowered to half-staff across the city.

    Leath’s death is heartbreaking, Gov. Eric Holcomb said Thursday afternoon in a statement.

    “Officer Leath gave her life as she answered the call of duty,” Holcomb said. “She will be forever remembered for being the finest among us.”

    Bailey said Leath had been on the force 2 1/2 years. She was among three officers who responded to the call, Bailey said.

    Traffic on Interstate 70 was shut down to clear the way for the officer’s transport to a downtown hospital, local television stations reported.

    https://apnews.com/e38ed44f5c32669d0218a3d2cb767f82
    Last edited by Steven; 04-11-2020 at 04:44 AM.

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    Death Penalty Sought For Suspect In Indianapolis Officer's Death

    Prosecutors are seeking the death penalty for a man charged in the killing last year of a 24-year-old Indianapolis police officer who was fatally shot as she responded to a domestic violence call.

    The Marion County Prosecutor's office filed the request Tuesday asking for the death penalty against Elliahs Dorsey, who is charged in the April 9, 2020, killing of Indianapolis Metropolitan Police Department Officer Breann Leath.

    Leath and three other officers were responding to a domestic violence call involving Dorsey when she was shot to death through the door of an Indianapolis apartment, police said.

    Dorsey, 27, faces one count each of murder and criminal confinement, and four counts of attempted murder, one of which stems from his alleged shooting of a woman he had confined inside the apartment, according to a probable cause affidavit.

    Dorsey's trial is tentatively scheduled to begin Feb. 1.

    In death penalty requests, prosecutors must show there was an aggravating circumstance. In this instance, they said Dorsey killed Leath while she “was acting in the course of duty as a law enforcement officer.”

    A telephone message was left Tuesday with the Marion County Public Defender Agency seeking comment from Dorsey's court-appointed attorney.

    The Indianapolis Metropolitan Police Department said Tuesday in a statement that Leath was a “dedicated public servant, and set an example that we all strive to live up to every day."

    “She was committed to her community and giving back. She was committed to helping victims of domestic violence. She was committed to running towards danger when others would run away. She was committed to helping her fellow man, woman, and child," it said.

    Leath's funeral was held April 16, 2020, at the Indianapolis Motor Speedway in adherence with pandemic social-distancing rules. Relatives, officers, Gov. Eric Holcomb and others who spoke during the service remembered Leath as a dedicated, compassionate officer and the devoted mother of a young son.

    An estimated 1,000 cars from Indianapolis police and other police agencies lined the speedway’s oval for the service as those officers watched a livestream of the service on cellphones and laptops.

    https://www.wfyi.org/news/articles/d...officers-death
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    Judge refusing to step down from trial of suspected IMPD officer killer

    Elliahs Dorsey is accused of murdering Officer Breann Leath on April 9, 2020, while she and three other officers were responding to a domestic disturbance call.

    Author: WTHR.com staff

    INDIANAPOLIS — A judge is refusing to recuse himself from the trial of Elliahs Dorsey – the man accused of killing IMPD Officer Breann Leath, after a request from the Marion County Prosecutor's Office that he step down.

    The issue arises from a hearing on whether or not the death penalty can be pursued.

    Elliahs Dorsey is accused of murdering Officer Leath on April 9, 2020, while she and three other officers were responding to a domestic violence call involving Dorsey.

    Marion County Prosecutor Ryan Mears is seeking the death penalty, saying the killing happened while Officer Leath "was acting in the course of duty as a law enforcement officer."

    Dorsey's public defenders argue that a defendant can only be sentenced to death for murdering a law enforcement officer if the defendant knew he was shooting at law enforcement.

    According to the public defenders, the officers did not announce themselves as the police and that Dorsey said, "that ain't the police" before firing shots through the door.

    On March 17, the judge overseeing the case voiced concerns on allowing the death penalty – given the evidence both side have presented at this point. The prosecution and defense were given until March 30 to present more evidence before a decision was made.

    Mears' office claims Judge Mark Stoner overstepped when asking for them to prove - before trial - that the case warranted the death penalty. The judge commented that the issue could be a violation of ethics.

    Mears' office goes on to point to comments by the judge that there is concern over whether the prosecutor is using the death penalty as a tool for possible plea negotiations. The judge makes the comment at one point that the record of the prosecutor's actions on the death penalty could be sent to the "board of commissioners in terms of judicial qualifications and professional responsibility."

    The prosecutor's office argues the judge's remarks "demonstrate bias and prejudice against the State and prevents the State from continuing to seek a fair and just resolution to this case."

    It is for those reasons that the prosecutor's office is asking for the judge to recuse himself.

    In a response from the judge on April 6, Stoner said a disagreement over whether the court has power to hold a hearing to address a motion by the defense is not grounds for recusal. Stoner goes on to say the court cannot ignore the motion filed by the defense.

    Stoner said, "The State has a duty to comply with the Rules of Professional Responsibility at all times." He goes on to say the prosecution can also appeal the court's ruling on the death penalty matter and that, since the court has not yet reviewed the exhibits and case law submitted in the defense and prosecution's arguments, a recusal in anticipation of a ruling is inappropriate.

    https://www.wthr.com/amp/article/new...9-ecd71afa53d8
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    Death penalty allowed in trial of suspected IMPD officer killer

    Elliahs Dorsey is accused of murdering Officer Breann Leath on April 9, 2020, while she and three other officers were responding to a domestic disturbance call.

    Author: WTHR.com staff

    INDIANAPOLIS — After a contentious battle between the Marion County Prosecutor's Office and judge in the trial of Elliahs Dorsey – the man accused of killing IMPD Ofc. Breann Leath – the state will be able to seek the death penalty.

    The decision handed down May 12 ends months of dispute that at one point had the prosecutor's office asking the judge in the case, Mark Stoner, to recuse himself and Stoner refusing.

    Dorsey is accused of murdering Leath on April 9, 2020, while she and three other officers were responding to a domestic violence call involving Dorsey.

    Marion County Prosecutor Ryan Mears is seeking the death penalty, saying the killing happened while Leath "was acting in the course of duty as a law enforcement officer."

    Dorsey's public defenders argued that a defendant can only be sentenced to death for murdering a law enforcement officer if the defendant knew he was shooting at law enforcement.

    According to the public defenders, the officers did not announce themselves as the police and that Dorsey said, "that ain't the police" before firing shots through the door.

    On March 17, the judge overseeing the case voiced concerns on allowing the death penalty – given the evidence both sides had presented to that point. The prosecution and defense were given until March 30 to present more evidence before a decision was made.

    Mears' office claimed Stoner overstepped when asking for them to prove – before trial – that the case warranted the death penalty. The judge commented that the issue could be a violation of ethics.

    Mears' office went on to point to comments by Judge Stoner that there is concern over whether the prosecutor is using the death penalty as a tool for possible plea negotiations. The judge made the comment at one point that the record of the prosecutor's actions on the death penalty could be sent to the "board of commissioners in terms of judicial qualifications and professional responsibility."

    The prosecutor's office argued that Judge Stoner's remarks "demonstrate bias and prejudice against the State and prevents the State from continuing to seek a fair and just resolution to this case." It is for those reasons that the prosecutor's office asked for the judge to recuse himself.

    In a response from the judge on April 6, Stoner said a disagreement over whether the court has power to hold a hearing to address a motion by the defense is not grounds for recusal. Stoner goes on to say the court cannot ignore the motion filed by the defense.

    Stoner said, "The State has a duty to comply with the Rules of Professional Responsibility at all times." He goes on to say the prosecution can also appeal the court's ruling on the death penalty matter and that, since the court has not yet reviewed the exhibits and case law submitted in the defense and prosecution's arguments, a recusal in anticipation of a ruling is inappropriate.

    Now that the judge has considered the cases presented by both sides, he ruled the prosecution can continue to seek the death penalty.

    Officer Breann Leath was a mother and just 24 years old when she was killed. She had been with IMPD for more than two years. Leath had wanted to be a police officer like her father since she was young.

    In her honor, IMPD launched the LEATH Initiative in conjunction with the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Attorney's Office for the Southern District of Indiana. LEATH stands for Law Enforcement Action to Halt domestic violence against men, women and children.

    The LEATH Initiative will target domestic violence offenders who commit crimes with illegally owned guns. Those who have a misdemeanor domestic violence conviction, are the subject of a final protective order, or have a state or federal felony conviction will be at the center of the investigations.

    Federal law prohibits previous domestic violence offenders from legally possessing firearms or ammunition. Violators could face up to 10 years in federal prison.

    The LEATH Initiative will also work to support victims of domestic violence. Officers will connect domestic survivors and witnesses with social services in their communities to help.

    https://www.wthr.com/amp/article/new...1-27e6318d0f2e
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

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    Indy man accused of killing IMPD officer claims insanity days after court rules he could face death penalty

    By Joe Schroeder
    Fox 59 News

    INDIANAPOLIS — Less than 10 days after a judge ruled he could face the death penalty, a man accused of killing an Indianapolis police officer now says he will raise an insanity defense.

    Elliahs Dorsey faces multiple charges, including murder, in the shooting death of Indianapolis Metropolian Police Department Ofc. Breann Leath.

    Leath responded to a domestic violence call on April 9, 2020, when prosecutors say Dorsey fired through an apartment door and shot the officer twice in the head, killing her.

    On Wednesday, attorneys representing Dorsey filed a notice to the court saying their client will be raising an insanity defense to the alleged charges.

    Dorsey’s attorneys also said that they have received evidence that proves their client was suffering from “mental illness” when the shooting occurred.

    The evidence for insanity listed in court documents filed May 24 includes:

    • A mental health evaluation Dorsey underwent on Sept. 8, 2020
    • Jail records from two facilities Dorsey stayed at
    • Dorsey’s records from a Plainfield diagnostic center
    • A text sent by a woman to Dorsey’s family on April 8, 2020

    The insanity defense and evidence filings come less than two weeks after courts ruled that Dorsey could face the death penalty if convicted.
    On May 15, Marion County Superior Court Judge Mark Stoner denied a motion to dismiss the death penalty case being brought against Dorsey by the State and Prosectutor Ryan Mears.

    In the court documents filed Wednesday, Dorsey’s attorneys acknowledge that the insanity defense filing is “belated.” However, they argue that, as their client was arrested in April of 2020, the COVID-19 pandemic contributed to the delay.

    Dorsey’s next court appearance, a pretrial conference, is scheduled for 10 a.m. on June 2. His jury trial is set to start at 8:30 a.m. on Sept. 18.

    https://fox59.com/news/indycrime/ind...death-penalty/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Death penalty murder trial delayed until 2024 for man charged with shooting death of IMPD Ofc. Breann Leath

    The judge also ruled that Elliahs Dorsey's plan for an insanity defense can move forward

    By Rich Nye
    WHNT News

    INDIANAPOLIS — The man charged with the murder of IMPD Ofc. Breann Leath will not go on trial now until next year. That decision came at a Friday morning pretrial conference for Elliahs Dorsey. The judge also ruled that Dorsey's plan for an insanity defense can move forward.

    Leath's parents and several supporters prayed before entering the courtroom, where Dorsey told Marion Superior Court Judge Mark Stoner he wants to use the insanity defense based on the advice of his lawyers.

    "Do you think that you've had enough time to talk with them?” Stoner asked Dorsey.

    “Yes, sir,” replied Dorsey.

    “And have they answered all of your questions about the possibilities of proceeding with that defense?” asked Stoner.

    “Yes, sir, " replied Dorsey.

    “And do you agree with their decision as a matter of strategy for your defense in presenting insanity as a defense?”

    “Yes, judge,” replied Dorsey.

    Stoner will now appoint two psychiatrists to evaluate Dorsey. Dorsey's attorneys would not comment after Friday's hearing. But in court records, they say a doctor's report contains evidence that their client was "suffering from a mental illness at the time of the offense."

    Tom and Jennifer Leath, Breann’s parents, attended the hearing. A successful insanity defense would remove the death penalty as a possible sentence if Dorsey were convicted.

    "I think it's a joke,” said Jennifer. “He doesn't have any mental history. I was in law enforcement for a long time and people that have that kind of past have that kind of past, and he doesn't that we're aware of. We've looked into it as well.”

    Dorsey is accused of shooting through a door and killing Leath when she responded to a domestic violence call on April 9, 2020.

    At Friday’s hearing, Dorsey's trial was also moved from September to Feb. 12, 2024. It is scheduled to last three weeks.

    "We're frustrated with it because what have we been doing for three years?” said Jennifer. “He's entitled to his defense, but it's not like a whodunit. So, it's just frustrating because we want justice for my daughter. It's not fair. It's not fair for her. It's not fair for anybody."

    https://www.wthr.com/article/news/cr...c-964743a0c723
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Jury selection set begins in January for man charged in Officer Breann Leath murder

    Attorneys for Elliahs Dorsey plan an insanity defense

    By Rich Nye
    WTHR News

    INDIANAPOLIS — People who live in Marion County could receive notice as early as next week to potentially serve on the jury for the man charged with the murder of IMPD officer Breann Leath.

    Elliahs Dorsey is accused of shooting and killing Officer Leath as she responded to a domestic violence call in April of 2020.

    Court-appointed psychiatrists are still evaluating Dorsey. His lawyers plan an insanity defense in his trial.

    Dorsey responded "Yes judge," when Judge Mark Stoner asked if he had enough time to meet with his lawyers and if he was satisfied with their representation so far.

    The prosecution is seeking the death penalty.

    Stoner plans to bring in 1,200 Marion County residents for jury selection in January.

    "Let me again emphasize to you how important it is that we're ready for that," Stoner said during Friday's proceedings. "And that if we're going to go forward that you're serious about that. Just bringing in the people to fill out the questionnaire, just to bring them in, will cost the taxpayers $36,000."

    "You can't put a price tag on my child's life, or anybody's life, and that's his included, so it's very important because my personal opinion really doesn't matter but he's entitled to his defense and we are seeking justice," said Jennifer Leath, Breann's mother.

    Jennifer attends every hearing in this case. She asks people to show up for jury duty for her daughter.

    The judge made his own plea with our camera in the courtroom.

    "To the extent the media can help at all, it's very... it's critically important that people understand that they show up for jury summonses, because the process of going through all of that will be a major undertaking during the month of January," Stoner said.

    The trial is scheduled to begin with opening statements Feb. 12. The jury will be sequestered throughout what is expected to be a three week trial.

    https://www.wthr.com/article/news/cr...b-d2e0cbbe6659
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  8. #8
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    Edited:

    Prosecutor asking to drop death sentence for man accused of killing IMPD Officer Breann Leath

    Elliahs Dorsey is accused of murdering Officer Breann Leath on April 9, 2020, while she and three other officers were responding to a domestic disturbance call

    By WTHR.com staff and Rich Nye

    INDIANAPOLIS — The Marion County Prosecutor's Office filed to have the death penalty dropped against Elliahs Dorsey, the man facing trial next month and charged with the murder of IMPD Officer Breann Leath in 2020.

    The prosecutor's office released the following statement:

    “Today, the State of Indiana filed a Motion to Dismiss the Request for a Death Sentence in the case against Elliahs Dorsey. This development comes after thoroughly reviewing the psychiatric evaluations from the two court-appointed doctors. The United States Constitution forbids the execution of mentally ill defendants. Based on all the available evidence, the State has determined that it is constitutionally prohibited from seeking the death penalty."

    Jury selection is already underway for the trial, which is set to begin Feb. 12.

    Some 1,200 jurors will be called before 12 are chosen, along with six alternates for the three-week trial.

    The defense is working to throw out findings of a court doctor who said Dorsey was sane but does have a mental illness.

    Dorsey is accused of murdering Leath while she and three other officers were responding to a domestic violence call involving Dorsey. He allegedly fired through the door, hitting and killing Leath.

    Dorsey's public defenders have argued that Dorsey did not know he was shooting at law enforcement. According to the public defenders, the officers did not announce themselves as the police and that Dorsey said, "that ain't the police" before firing shots through the door. His defense team is seeking an insanity defense.

    The judge in the case had ruled the prosecution could move forward with seeking the death penalty, but that now appears the prosecution is conceding Dorsey is mentally ill and so cannot face the death penalty.

    Dorsey will still face trial on charges of murder, four counts of attempted murder, criminal confinement, and battery resulting in bodily injury.

    https://www.wthr.com/article/news/cr...8-dc26a4e86b23
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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