INDIANAPOLIS — A trial for a man charged in the death of an IMPD officer is now delayed.
Elliahs Dorsey is accused of fatally shooting IMPD Officer Breann Leath during a domestic violence call in April 2020.
In a pre-trial conference, Dorsey filed a motion for insanity defense claiming he was suffering from mental illness when he shot and killed Officer Leath.
“I think it’s a joke,” said Jennifer Leath, Officer Breann Leath’s mother.
Those were the first words fallen IMPD officer Breann Leath’s mother said when she heard that Elliahs Dorsey wanted to use an insanity defense.
“He doesn’t have any mental history,” she said. “I was in law enforcement for a long time and people who have that kind of past, have that kind of past. He doesn’t, that we are aware of.”
Elliahs Dorsey faces multiple charges including murder in the April 2020 shooting death of Officer Leath.
On Friday, the court granted his filing for insanity defense and now mental health professionals will evaluate him.
If the court finds Dorsey eligible for insanity defense, the death penalty would be dismissed.
His attorneys already tried to get the death penalty thrown out arguing he didn’t know it was a cop he was shooting through the door at. The judge disagreed.
Meanwhile, Jennifer Leath wants the death penalty to remain.
“That is something that Breann believed in,” she said. “I mean, he didn’t think twice about firing those shots through that wall. It didn’t matter who was on the other side. I believe he knew it was the police.”
Friday’s developments also pushed the trial back. Now it’s scheduled for February of next year.
“He is entitled to his defense, but it’s not like a ‘whodunit’ so it’s just frustrating because we want justice for my daughter,” Jennifer Leath said. “It’s not fair.”
Jennifer said she’s thankful for the support she’s seen over the past few years and as the case continues.
“Our whole city stands up for her and our whole family really appreciates it,” she said. “It’s ongoing and we just can’t say ‘thank you’s’ to everyone.”
Dorsey’s new trial date is set for Feb. 12, 2024, and is expected to last three weeks.