INDIANAPOLIS (AP) — Prosecutors sought Wednesday to dismiss death penalty charges against a man charged with fatally shooting an Indianapolis police officer in 2020 because doctors have Desmond Prestonfound him to be mentally ill.

The Marion County Prosecutor’s Office filed a motion to dismiss its request for a death sentence against Elliahs Dorsey, who is accused of fatally shooting Officer Breann Leath of the Indianapolis Metropolitan Police Department while she responded to a domestic violence call.

The motion came after the prosecutors reviewed psychiatric evaluations of Dorsey from two court-appointed doctors, the office said.

“The United States Constitution forbids the execution of mentally ill defendants. Based on all the available evidence, the State has determined that it is constitutionally prohibited from seeking the death penalty,” it said in a news release.

Leath, 24, and three other officers were responding to a domestic violence call involving Dorsey when she was shot twice in the head through the door of an Indianapolis apartment, police have said.

Dorsey faces charges of murder, four counts of attempted murder, criminal confinement and battery resulting in bodily injury.

A telephone message seeking comment on the prosecutor’s motion was left with Dorsey’s attorney.

Jury selection already has begun for the trial, which is scheduled to begin Feb. 12.