IN - Police Officer Breann Leath, 24 - Fatally Shot - Indianapolis - 9 April 2020 *arrest*

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* Police Officer Killed *

- Officer Breann Leath, 24 -

- Indianapolis, Indiana -
- 9 April 2020 -

1)) RTV6:
Officer makes tribute video to IMPD officer shot and killed in the line of duty

2)) Google™ Supplements & Updates:
Officer Breann Leath - IN - بحث Google

3)) United States Line-Of Duty Deaths
Officer Breann Leath
# 2020-039:
2020

4)) Ballistic Armor Protection Levels:
https://www.justnet.org/pdf/Understanding-Armor-Protection.pdf

Ballistic Armor = Bullet-Resistant Vest
EOW = End-of-Watch = Date-of-Death
Exsanguination = Major Blood-Loss
GSW - Gun Shot Wound
LE = Law Enforcement
LODD = Line-of-Duty Death
RIP = Rest-In-Peace - Condolences
SWAT = Special Weapons and Tactics


Her Supreme Sacrifice...

[Contribution # 7260
Thread # 517092]
 

Marion County Prosecutor Ryan Mears has filed a Motion for Recusal, calling on the judge overseeing the murder trial of Elliahs Dorsey to step down for alleged “bias and prejudice against the State.”
 

Marion County Superior Court Judge Mark Stoner will not step down from presiding over the murder case against the man accused of killing IMPD Officer Breann Leath.

On Thursday, Stoner denied a motion filed by Marion County Prosecutor Ryan Mears asking him to recuse himself from presiding over the death penalty trial of Elliahs Dorsey.
 
It looks like he might be getting closer to a trial so I'll be following it.
Elliahs Dorsey
49D32-2004-MR-013622 (Murder)
21S-DP-00070 (Death Penalty)

Charges​

Show all charge details
0104/09/202035-42-1-1(1): Murder
0204/09/202035-42-1-1(1)/F1: Attempted Murder Attempted intentional killing of another.
0304/09/202035-42-1-1(1)/F1: Attempted Murder Attempted intentional killing of another.
0404/09/202035-42-1-1(1)/F1: Attempted Murder Attempted intentional killing of another.
0504/09/202035-42-1-1(1)/F1: Attempted Murder Attempted intentional killing of another.
0604/09/202035-42-3-3(a)/F3: Criminal Confinement while armed with a deadly weapon
0704/09/202035-42-2-1(c)(1)/MA: Battery Resulting in Bodily Injury

01/26/2024Hearing
Session: 01/26/2024 9:00 AM, Judicial Officer: Stoner, Mark D
Comment: Jury Selection
02/02/2024Hearing
Session: 02/02/2024 9:00 AM, Judicial Officer: Stoner, Mark D
Comment: Jury Selection
02/08/2024Pretrial Conference
Session: 02/08/2024 9:00 AM, Judicial Officer: Stoner, Mark D
Comment: Final Pretrial
02/12/2024Jury Trial
Session: 09/18/2023 8:30 AM, Rescheduled
Session: 02/21/2024 8:30 AM, Rescheduled
Session: 02/12/2024 8:30 AM, Judicial Officer: Stoner, Mark D
Comment: 3-week jury trial.
 
Regarding the Death Penalty, this one was filed in a later time span than the other two in Indiana. I wonder if that was to give LE time to investigate his version of what happened. That is detailed in one of the above articles.
04/14/2020Case Opened as a New Filing
01/26/2021Death Penalty Requested
Request for Death Sentence.pdf
 
This one also has a couple of similarities with the Richard Allen/Delphi murder case.

First: a safekeeping order. This is one of the very few I've come across in following criminal cases at WS.
I'm not sure who or what he's being kept safe from.
He's been kept somewhere in the DOC for 4 years; I can't find him.
04/14/2020Motion Filed
Sheriff's Verified Motion to Transfer Defendant to DOC for Safekeeping
Filed By: Forestal, Kerry J
01/05/2024Transport Order Entered
Confidential.
Judicial Officer: Stoner, Mark D
 
Some new filings:
01/23/2024Administrative Event
Dr. Amy Trivette invoice for Professional Services dated 1-6-24, filed 1-23-24. Sent to Marion County Finance Department. CONFIDENTIAL- COURT ACCESS ONLY.
01/24/2024Motion Filed
Dorsey Death Request Dismissal.pdf
Filed By: State of Indiana
01/25/2024Order Granting
State's Motion to Dismiss Request for Death Sentence.

Judicial Officer: Stoner, Mark D
Movant: State of Indiana
01/26/2024CANCELED Hearing
Reason: Agreement of Parties
Comment: Jury Selection
01/29/2024Hearing Scheduling Activity
Hearing scheduled for 02/02/2024 at 9:00 AM was cancelled. Reason: Agreement of Parties.
01/29/2024Hearing Scheduling Activity
Pretrial Conference scheduled for 02/08/2024 at 9:00 AM was cancelled. Reason: Agreement of Parties.
02/02/2024CANCELED Hearing
Reason: Agreement of Parties
Session: 02/02/2024 9:00 AM, Cancelled
Comment: Jury Selection
02/08/2024CANCELED Pretrial Conference
Reason: Agreement of Parties
Session: 02/08/2024 9:00 AM, Cancelled
Comment: Final Pretrial
02/12/2024Jury Trial
Session: 09/18/2023 8:30 AM, Rescheduled
Session: 02/21/2024 8:30 AM, Rescheduled
Session: 02/12/2024 8:30 AM, Judicial Officer: Stoner, Mark D
Comment: 3-week jury trial.
 
A filing of interest; I wonder if he's been in solitary confinement under this safe keeping order.
See below: Dr. Amy Trivette = is this the right one?
05/24/2023Motion Filed
Dorsey Pleading 81 Belated Insanity
Filed By: Dorsey, Elliahs Lamar
05/24/2023Order Granting
Defense Pleading #81- Motion to File Belated Notice of Insanity.
Judicial Officer: Stoner, Mark D
06/02/2023Hearing Journal Entry
Court will appoint Doctors for evaluation of Defendant. Court will conduct ex parte hearing with Defense on this issue.
09/01/2023Order Issued
(ORDER FOR EXAMINATION CONCERNING INSANITY DEFENSE). Order sent to the appointed doctors and to Parties.
10/30/2023Order Granting
Defense Pleading #93. Doctor reports and Medical reports will always be entered as confidential under case causes.
Judicial Officer: Stoner, Mark D
01/23/2024Administrative Event
Dr. Amy Trivette invoice for Professional Services dated 1-6-24, filed 1-23-24. Sent to Marion County Finance Department. CONFIDENTIAL- COURT ACCESS ONLY.

Amy Trivette - KY Correctional Psychiatric Center
La Grange, Kentucky, United States · Medical Director · KY Correctional Psychiatric Center
Amy Trivette · Medical Director at KY Correctional Psychiatric Center ·
 
[snips]
Nearly 10 hours into deliberations, at 2 a.m., the jurors sent Superior Court Judge Mark Stoner a message that they were at an impasse and had not made any progress toward a verdict in the last four hours. The judge had the jurors fill out a form describing the main hurdles, then dismissed them for the day.

Deliberations will resume at 1 p.m. Friday at the Marion County Community Justice Center.

"It's the first time in my experience we've let a jury go and had them come back," Stoner said after the jury had left.
 

After another long day of hearing testimony and deliberating, around 6:00 p.m. Friday jurors returned a verdict for Dorsey: guilty but mentally ill on all six counts.

The jury also elected to lessen the charge of murder to reckless homicide.

The options the jury had to choose from went beyond the mere guilty and not guilty. Choices facing the group varied from straight-up guilty and not guilty to verdicts inclusive of Dorsey’s mental health, such as guilty but mentally ill and not responsible due to insanity.

Now, Judge Stoner has an array of sentencing options which could include probation, treatment or a set prison sentence.
 
They have finally set a sentencing date:
03/08/2024Hearing Scheduling Activity
Sentencing Hearing scheduled for 04/04/2024 at 9:30 AM.
03/08/2024Order for Presentence Investigation Report
In custody. PSI report has already been assigned to Probation Officer and interview meeting is scheduled.
03/08/2024Transport Order Entered
From DOC.
Party: Dorsey, Elliahs Lamar
04/04/2024Sentencing Hearing
Session: 04/04/2024 9:30 AM, Judicial Officer: Stoner, Mark D
Comment: Full Day Sentencing Hearing
 
Sentencing hearing about to begin for the man found guilty but mentally ill of reckless homicide in the shooting death of IMPD Officer Breann Leath in 2020. Watch live on
@WTHRcom
digital platforms. Waiting for Elliahs Dorsey to brought into the courtroom.




You can watch the sentencing hearing on
@WTHRcom
digital platforms.

 
IMO It's really a good thing that the judge took the time to explain the sentencing.
04/04/2024Judgment
Jury verdicts as to Counts 1,2,3,4,5,6. Judgment of conviction entered as a level F6 felony as to Count 6, due to double jeopardy.
Judicial Officer: Stoner, Mark D
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)/F6: Confinement-This is the basic criminal confinement charge
• Finding of Guilty but Mentally Ill
04/04/2024Sentenced
Judicial Officer: Stoner, Mark D
1. 35-42-1-5/F5: Reckless Homicide-Use when offense is not committed by using a motor vehicle
Fees:
$200.00 Safe Schools Fee
$100.00 Adult Probation Administrative Fee
$300.00
Confinement to Commence: 04/04/2024
Indiana Department of Correction
Term: 1,943 Days
Jail Credit: 1,457 Days
Suspended: 0 Days
Concurrent with Prior Sentence: Counts 1,3,4,5,6
Consecutive with Prior Sentence: Counts 1 & 2
Comment: Count 1: 1943 days executed with 1457 days credit for time in jail 4/9/20-4/4/24 plus 486 days class B good time credit. Time served as to Count 1.
04/04/2024Sentenced
Judicial Officer: Stoner, Mark D
2. 35-42-1-1(1)/F1: Attempted Murder Attempted intentional killing of another.
Confinement to Commence: 04/04/2024
Indiana Department of Correction
Term: 40 Yr
Suspended: 15 Yr
Concurren
t with Prior Sentence: Counts 1,3,4,5,6
Consecutive with Prior Sentence: Counts 1 & 2
Comment: Count 2: 25 years executed DOC with 0 days credit (all credit time applied to consecutive sentence under Count 1). 15 years suspended. 15 years probation with conditions: mental health evaluation and any necessary treatment; mental health probation officer to be assigned; defendant to be evaluated by two (2) Court appointed doctors (psychiatrists) upon release from DOC; defendant must take all prescribed medications; defendant to sign a waiver for probation to access all medical records and prescribed medications; defendant is under Court order to follow all mental health conditions; defendant's family member or family friend must sign the order ensuring that they are monitoring Defendant and that he is in compliance with the taking of prescribed medications while on probation (under penalty of Contempt of Court). Judgment of conviction entered as a level F6 felony as to Count 6, due to double jeopardy. Defendant found Guilty but Mentally Ill as to Counts 1,2,3,4,5,6 by Jury Verdicts. Defendant advised of appeal rights. Defendant does wish to appeal. Pauper appellate counsel appointed for the appeal of convictions and sentence.
04/04/2024Sentenced
Judicial Officer: Stoner, Mark D
3. 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon.
4. 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon.
5. 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon.
6. 35-42-3-3(a)/F6: Confinement-This is the basic criminal confinement charge
Confinement to Commence: 04/04/2024
County Jail
Term: 910 Days
Jail Credit: 910 Days
Suspended: 0 Days
Concurrent with Prior Sentence: 1,3,4,5,6
Comment: Counts 3,4,5,6: 910 days executed with 910 days credit. Time served as to Counts 3,4,5,6.
04/04/2024Document Filed
Sentencing Order
04/04/2024Abstract of Judgment Sent to DOC
Date Signed: 04/04/2024
04/04/2024Report to Probation
After executed sentence. Probation order filed. Mental Health Conditions.
04/04/2024Indigent Counsel Appointed For Appeal
(Order filed).
04/04/2024Disposition Sent Electronically to Indiana State Police
Added By CHRIS Interface (SNTC)
04/04/2024Disposition Sent Electronically to Indiana State Police
Added By CHRIS Interface (DISP)
 
Fraternal Order of Police has a lot to say about Judge Stoner's sentence.
They want him off the bench.
CBS4 Indy
 

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