INDIANAPOLIS (WISH) — The Marion County Prosecutor’s Office filed to have the death sentence dismissed against Elliahs Dorsey, who is accused of killing IMPD officer Breann Leath in 2020.

The Marion County Prosecutor’s Office released the following statement regarding the filing:

“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.

“As stated in the motion, the defendant’s psychiatric history does not prohibit criminal prosecution. The prosecutor’s office is committed to prosecuting the defendant as he is currently charged. Dorsey faces charges of Murder, four counts of Attempted Murder (Level 1 Felonies), Criminal Confinement (Level 3 Felony), and Battery Resulting in Bodily Injury (Class A Misdemeanor).”

The Marion County Prosecutor’s Office request to dismiss the death sentence was filed Wednesday in Marion Superior Court 32.

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