INDIANAPOLIS–Marion County Prosecutor Ryan Mears is considering pursuing the death penalty against Elliahs Dorsey, the man accused of killing IMPD Officer Breann Leath April 9 during a domestic disturbance call.

The decision by Mears will come at a later date. He is also considering life without parole. First, Mears says he will talk with Leath’s loved ones.

“First and foremost, we need to have a conversation with the family and get their perspective. Then after that, you perform the legal analysis,” says Mears.

Mears formally announced charges against Dorsey Tuesday morning. He has been charged with murder, attempted murder, criminal confinement, and battery. An additional three counts of attempted murder were filed because Mears says Dorsey fired at three other officers who were outside the door of the apartment.

“I think when you look at the objective facts and the circumstances of the case, (Dorsey) was clearly aware that there was a 911 call made from that apartment and those police officers responded. When the officers responded, that’s when the shots were fired,” said Mears.

Mears says it is clear that Dorsey was in an “agitated state”, but it’s unclear what exactly made Dorsey agitated.

“I think we’re still in that point where we are gathering additional information about what took place. We’re looking at what his background is, in terms of any pre-existing mental health issues. We’ll only be able to comment on that further down the line once we have more information available to us and he’s able to be examined by a healthcare professional,” says Mears.

Court documents say Dorsey was staying at a woman’s apartment and had smoked marijuana before the incident.