Feds crack down on domestic abusers who illegally have guns

Since 2020, the Law Enforcement Action to Halt Domestic Violence Initiative has worked to deter the use of firearms in domestic violence incidents across central and southern Indiana by elevating some of the crimes to federal offenses.

The LEATH initiative, which focuses law enforcement resources on domestic violence offenders who possess firearms illegally, was named in honor of Indianapolis Metropolitan Police Officer Breann Leath, who died in April 2020 while responding to a domestic violence call.

So far, it has resulted in federal charges being filed against at least 42 defendants.

“We’re doing everything we can to serve and protect all of those individuals who are out there serving and protecting the rest of us,” said Zachary Myers, U.S. Attorney for the Southern District of Indiana.

Leath, 24, had been with the department for two and a half years before her death.

The IMPD officer was shot and killed by Elliahs Dorsey at an apartment complex on the city’s far east side.

In April 2024, Dorsey was found guilty but mentally ill by a jury for the killing of Leath. He was sentenced to more than five years in prison for the murder, in addition to 25 years for the attempted murder of his ex-girlfriend and 15 years on mental health probation.

The LEATH Initiative was created in October 2020, just six months after Leath’s murder.

At the time, leaders with the attorney’s office, the Indianapolis Metropolitan Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives knew something needed to be done to face the threat that armed domestic offenders placed on victims and the community.

“Unfortunately, domestic violence touches every community,” said Myers. “All walks of life, all socioeconomic status, just every spectrum of who we are as people.”

According to the Indiana Coalition Against Domestic Violence’s most recent data calculating domestic violence fatalities, 78 people died in 61 domestic violence incidents in the state between July 1, 2022, and June 30, 2023.

Of that number, 66% of victims were killed by a firearm.

Marion County reported one of the highest number of fatalities over the year.

The number of fatalities has dropped significantly since 2020, when the coalition reported 91 fatalities between January 1 and December 31, 2020.

Several of the 42 cases filed under the initiative already have resulted in stiff penalties for offenders.

In March 2023, an armed career criminal was sentenced to 16 years in prison for illegally possessing a firearm after shooting his wife in the arm during an altercation.

And in June 2023, a repeat domestic abuser was sentenced to over 15 years in prison for being in possession of firearms during a domestic assault.

Both men are prohibited from ever possessing a firearm due to previous felony convictions.

How it works

Indiana’s southern district has about three dozen federal prosecutors to cover the district’s 60 counties, which include all of the Indianapolis metro area and stretches roughly south from Kokomo to the Ohio River.

While they can’t prosecute every gun-related domestic violence case on the federal level, Myers said, the attorney’s office prioritizes cases involving serious offenders.

The LEATH initiative pursues the following types of cases:

• Defendants who commit a federal firearms offense and have a demonstrated history of domestic violence.

• Defendants in possession of a firearm who have been convicted of a misdemeanor crime of domestic violence.

• Defendants in possession of a firearm who have an active protective order against them where the protected party is a current or former spouse or intimate partner.

In the past, offenders caught with firearms weren’t typically referred to federal prosecutors, but after Leath’s death, things changed, according to Daryl McCormick, special agent in charge of the Columbus, Ohio ATF field division.

The Columbus division serves the southern judicial district of Indiana.

“We thought we should step that up, and for several reasons,” McCormick said. “One, because the penalties are substantial, and two, because we want the potential offenders, as a deterrence, we want them to know that if you do this, you can be facing federal prosecution where the sentencing tends to be much more substantial.”

When bringing a domestic violence offender to justice on the federal level, Myers said the cases are typically brought in under a federal firearms offense, since federal statute does not cover specific domestic violence offenses beyond interstate travel under the Violence Against Women Act.

However, prosecutors can supplement a firearms offense with evidence of domestic violence, which a judge must take into consideration when deciding a suspect’s fate.

“By being able to tell the full story, judges are able to take that into account and think about, well, what kind of sentence do I think is necessary to protect the public?” Myers said.

Continued advocacy in Indiana

Leaders such as Myers have already taken steps to ensure all counties in the district know what resources they can access to protect its residents from violent offenders.

“The ATF and the U.S. attorney’s office are prioritizing doing this work, and we’ve been really trying to get the word out, and we’re hoping to get more of these cases, not just in Central Indiana, but beyond through the rest of the district,” Myers said.

McCormick said they even want to take the initiative across state lines, reaching law enforcement and victim advocacy organizations in Ohio.

He’s also looking at working with the Chicago field office to share LEATH’s message up north.

“I would like to keep the name of it too, the LEATH Initiative, because what happened with her is unique,” McCormick said. “It’s just a terrible situation, but it resonates with all law enforcement, because we all know the dangers of domestic violence abusers.”

During his time as attorney general for the district, Myers helped lead outreach efforts with organizations that offer services to domestic violence victims to better understand how the initiative can best serve the community.

Initiative leaders have also been working with the courts to educate them on statistics surrounding armed domestic offenders so judges can issue appropriate punishments for dangerous suspects.

In September 2024, the United States Department of Justice selected Indianapolis as one of 78 communities that will receive federal assistance to reduce partner gun violence under the Violence Against Women Act Reauthorization Act of 2022.

Originally enacted in 1994, the Violence Against Women Act is the first comprehensive federal law to address domestic violence, stalking, and sexual assault.

The act has since been updated, expanding grant funding streams in the years 2000, 2005, 2013, and 2022 under the Department of Justice’s Office on Violence Against Women.

Through the initiative, the department will work with the U.S. Attorney’s Office and the ATF to create a plan to reduce intimate partner gun violence in the region.

This includes prioritizing resources that lead to the prosecution of domestic violence offenders who violate firearms laws, including the possession of prohibited weapons like Glock switches.

Indianapolis was chosen due to its close coordination with community stakeholders and based on data that showed a need for resources to help combat domestic gun violence.

“[It’s] understanding that, in the hands of someone who has shown the willingness to be violent at home, that the illegally held firearm is just a non-fatal, or unfortunately fatal shooting waiting to happen,” Myers said. “Law enforcement and the courts have an opportunity to interrupt that cycle.”•