Death Penalty Considered
Feb 20, 2026
INDIANAPOLIS, Ind. (WOWO) — Marion County Prosecutor Ryan Mears said his office is in the early stages of reviewing a potential death penalty case, emphasizing that the process will be lengthy and deliberate.
Kenneth Johnson has been formally charged in the killing of Beech Grove Officer Brian Ell
iott.
Court records show Johnson faces six felony charges, including murder, attempted murder, criminal confinement with a deadly weapon, domestic battery with a deadly weapon, battery with a deadly weapon, and pointing a firearm.
Mears, who was recently appointed prosecutor, said the case marks the beginning of what he described as “a long road and a long journey as we work through the judicial process.”
“We have not tendered any discovery,” Mears said. “If there are certain individuals who are not qualified based on an intellectual disability — if there are cognitive issues that would prevent the death penalty from being imposed — that’s something that has to be evaluated.”
Mears said pursuing a death sentence requires careful legal review and consultation with those most directly affected.
“The second part of that equation is you have to have pragmatic conversations with people who are going to be most directly impacted,” he said. “It’s very important that everybody understands exactly what is required in a death penalty case, and everybody’s going to be committed to see this thing through to the end.”
He referenced a prior execution in Beech Grove, noting the lengthy timeline involved.
“We just had a situation in Beech Grove where that was the last person to be executed, and that was 37 years later,” Mears said. “You just want to try to provide as much information to the people who are going to be most directly impacted.”
Authorities also reflected on the emotional toll the case has taken on law enforcement.
Indiana State Police Sgt. John Perrine said officers across agencies remain united in their mission.
“We all come together, regardless of the shape of our badge patch on our shoulder,” Perrine said. “We have the same goal that our community provides us — to provide safety for our communities. Regardless, we’re all wearing this badge on our chest. To most, it looks like a piece of metal. It’s very heavy.”
Perrine said a symbolic gesture honored a fallen officer.
“He was wearing Brian Elliott’s handcuffs that Brian Elliott carried with him every day while he was a police officer,” Perrine said. “That’s a symbolic thing that was very meaningful for his fellow officers and for his family to know that he’s still here with us.”
The Marion County Prosecutor’s Office asked for a sentence enhancement of life in prison without parole. Johnson will continue to be held without bond, and Prosecutor Ryan Mears said the death penalty remained a possibility.
At the request of the Marion County Sheriff’s Office, Johnson will be moved from the Marion County Adult Detention Center to the Reception Diagnostic Center (RDC) before being transferred to a different facility for safekeeping.
The judge also set some future court dates, including a pretrial on May 27 and a tentative jury trial on June 1.
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