You may remember the death of Indianapolis police officer Breann Leath. The death penalty will be an available option for the prosecution.

That’s the ruling from Judge Mark Stoner, who denied a request from the legal team of suspect Elliahs Dorsey. He’s charged with murder, battery, criminal confinement, and attempted murder.

Judge Stoner says there is evidence to suggest that Dorsey knew Breann Leath was a cop when the fatal shot was fired back on April 9th of 2020 – something Dorsey’s legal team has long since denied. It was based on that denial that Dorsey’s legal team asked for the death penalty to be removed as an option.

In his ruling, Judge Mark Stoner wrote: “In reviewing the exhibits, the Court does find there is some evidence, particularly within the unsworn statement of Aisha Brown given to IMPD investigators, that the State could argue to a jury that the Defendant had actual knowledge. The evidence must be entered as substantive evidence against the Defendant, and the jury would have to determine what value to give it.”

Stoner was asked to recuse himself from the case two months ago over accusations of bias. Stoner refused, saying the State of Indiana may disagree with certain legal matters, but those disagreements and misunderstandings of the law do not prove evidence of bias.

Elliahs Dorsey’s jury trial begins in September.