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.

Breann Leath/IMPD

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.

Elliahs Dorsey mugshot

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.