An Indiana man accused of killing a police officer will not face the death penalty, as psychiatrists have determined that he is mentally ill. Prosecutors have stated that they are “constitutionally prohibited” from seeking capital punishment in this case.
According to the Associated Press, prosecutors initially intended to seek the death penalty in the case against Dorsey. However, they changed their decision on Wednesday after two court-appointed experts determined that Dorsey was mentally ill.
According to a news release from the Marion County Prosecutor’s Office, they have determined that the State is constitutionally prohibited from seeking the death penalty for mentally ill defendants. This decision is in accordance with the United States Constitution, which forbids the execution of individuals with mental illness.
On Thursday, the judge approved the prosecution’s request to remove the death penalty charges against Dorsey.
The Indianapolis Fraternal Order of Police expressed their disappointment regarding the decision, stating that it was obviously a disappointment for their members.
In a prepared statement, the union expressed its commitment to supporting the Leath family despite the frustrations encountered. They emphasized their ongoing efforts to ensure that the Leath family is well-informed about the process and the subsequent actions that will be taken.
“We are also fully committed to ensuring that the Prosecutor diligently pursues accountability for all the remaining Murder and related charges, in accordance with the law.”
Jennifer Leath, the mother of Leath, expressed her strong belief that Dorsey does not deserve any freedom and should spend the rest of his days behind bars.
“I suppose it will always fall short because she isn’t here,” she expressed regarding her daughter. “However, I strive to come as close to it as I can, that’s my ultimate desire.”
According to a recent report from local TV station Fox59, the lawyers representing Dorsey are preparing to present an insanity defense. In response, prosecutors are seeking to bring in an expert who believes that Dorsey may have been under the influence of synthetic marijuana at the time of the alleged murder of Leath.
Brittany Leath, a former member of the Indiana National Guard and a devoted mother to her young son, had always aspired to become a police officer. Less than three years before her tragic passing, she fulfilled her dream by joining the Indianapolis Metropolitan Police Department.
