'Miscarriage of justice': Police union calls for judge to step down following cop killer's sentence

INDIANAPOLIS — The Indianapolis Fraternal Order of Police on Friday called for Marion Superior Court Judge Mark Stoner to step down from the bench, citing what the union saw as a lenient punishment of the man who killed Officer Breann Leath.

The call for resignation is the harshest criticism yet of Stoner, who on Thursday sentenced Elliahs Dorsey to a little over five years for Leath's death, angering city and police officials. The judge, however, sentenced Dorsey to 40 years for the attempted murder of his ex-girlfriend, with 25 years in prison and 15 years on mental health probation.

Indianapolis FOP President Rick Snyder said the punishment falls far below what Dorsey should've received, saying prosecutors "rightfully" asked for a sentence of 63 years. The punishment, Snyder said, is a "miscarriage of justice" and "cheapens the lives" of Leath and other domestic violence victims.

On April 9, 2020, Leath and three other officers arrived at an east-side apartment Dorsey shared with his girlfriend after receiving a domestic violence call. Police knocked and Dorsey began firing shots through the door. Two bullets struck Leath in the head, while the other officers were not injured. Dorsey's then-girlfriend ran out the door, stepping around Leath's body. Dorsey chased and shot her, hitting her in the back and thigh.

Dorsey entered an insanity defense during his trial in February, with his attorney saying that on the day of the shooting, Dorsey was depressed, paranoid and dealing with significant life changes. His defense argued Dorsey thought people were coming to kill him.

A jury found Dorsey guilty but mentally ill. Instead of convicting him of murder for Leath's death, the jury found him guilty of a lesser reckless homicide charge that carries a maximum punishment of six years. Dorsey was sentenced to a little over five years for the crime and received credit for good behavior and the four years he'd already spent awaiting trial in jail.

The stiffest penalty Stoner imposed ― 40 years ― was for the attempted murder of his ex-girlfriend. The judge sentenced Dorsey to 2 1/2 years for shooting at the three officers and for criminal confinement of his ex-girlfriend, but he also received credit for time already spent in jail, meaning he will not serve additional years.

Snyder, the FOP president, acknowledged that the five-year sentence for killing Leath was in large part because of the jury's findings. But he said he expected Stoner to consider the "totality of the circumstances."

The Indianapolis FOP also called for the Indiana Supreme Court to create a civilian committee that will review the Marion County court system and urged the state to re-evaluate the decision to appoint Marion County judges instead of allowing residents to elect them, among other recommendations.

'Fails to deliver justice': Statement from Indianapolis police chief Chris Bailey

“As the Police Chief of the Indianapolis Metropolitan Police Department, I respect the judicial process however, this sentencing decision fails to deliver the justice that Officer Leath, her son, and her family deserve.  

On a personal level, as a father, and a career police officer, I am deeply disappointed in the sentence handed down by the judge this afternoon. This man killed a young mother and police officer, robbing Officer Leath of her life and all the potential she had. He also attempted to kill other officers and Ms. Brown. Nothing less than the full sentence under the law for his violent and senseless actions is acceptable. 

Today’s sentence only makes the grief felt by Officer Leath's family, friends, colleagues, and the entire Indianapolis community much worse.  

To Tom and Jennifer, your enduring strength and resilience in the face of such profound loss continue to inspire us all. Our support for you and Zayn does not end here. In fact, it grows stronger with each passing day. We and our community will continue to wrap our arms around you, while never forgetting Bre’s courage, compassion, and sacrifice.

As we reflect on Officer Leath's legacy of service, let us all honor her memory by upholding the values she lived by - integrity, bravery, compassion, and courage.

We would like to thank the community, the Marion County Prosecutor’s Office, the detectives assigned to investigate this case, our public safety partners, and all the officers who endured the pain and trauma of the trial and sentencing hearing.

Officer Leath will always be in our minds and our hearts. She is the epitome of a true hero, and I challenge you to “Be like Bre,” every day.”

'Shocked and terribly disappointed': Statement from Mayor Joe Hogsett

“As a former federal prosecutor and as an officer of the court, I acknowledge and respect our system of justice and the decisions that are made by our judicial officials. However, as the Mayor of the City of Indianapolis, as the chief elected official to whom IMPD directly reports, as a father, and as a member of this community, I am shocked and terribly disappointed in the decision of the court today.

In this moment, Indianapolis once again mourns the loss of a model police officer and young mom taken cruelly from the city that she loved so much she sought to protect it. As a community, let us take this moment to reaffirm our commitment to uplifting Officer Breann Leath’s young son, her family, and the men and women who served alongside her at IMPD, and to holding accountable anyone who threatens our city’s peace.”

'Exemplary legacy and sacrifice': Statement from prosecutor Ryan Mears

“I want to acknowledge our trial team and the women and men of the prosecutor’s office, who, alongside IMPD, have worked to pursue justice for Breann, the surviving victim, and their families.

Our thoughts are with Zayn, Jennifer, and Tommy who have demonstrated such strength and resilience throughout an unimaginably difficult process.

As we move forward, let’s reflect on Breann’s exemplary legacy and sacrifice.”

Marion County prosecutor Ryan Mears thanked Leath's family for their resilience throughout the trial and urged others to "reflect on Breann’s exemplary legacy and sacrifice.”

'Disgraceful': Statement from Sen. Mike Braun

“It’s disgraceful that the killer of IMPD Officer Breann Leath is getting off with 25 years plus probation. Officer Leath’s killer should have received the maximum sentence possible, but instead he got less than half of what the state was asking for. That this man may see the outside of a jail cell again is a failure of justice. It’s my hope that Officer Leath’s family and colleagues can find solace in her memory and the gratitude of the state she served with honor and courage.”

'Disappointed': State lawmakers explore action after ruling

“While I was disappointed that Dorsey did not receive the maximum sentence for the killing of Officer Leath, I also recognize that the legislature failed to provide the judge with a reasonable maximum sentence when it made reckless homicide a Level 5 felony. Taking the life of another person, even recklessly, deserves more justice than a minimum of one year," State Rep. Mitch Gore, D-Indianapolis, stated.

“I gave my word to the Leath family that I was exploring all legislative options to make this right. Keeping that promise begins by requesting an interim study committee to look into elevating reckless homicide from a Level 5 felony to a Level 3 felony."

Gore requested the committee in a letter co-signed by Rep. Victoria Garcia-Wilburn, D-Fishers.

This article originally appeared on Indianapolis Star: Indianapolis officer Breann Leath killed: Elliahs Dorsey sentenced