Del Rio shooting suspect denied bond by federal judge

Local News

DAYTON, Ohio (WDTN) – Cahke Cortner, who was arrested with Lionel Combs III and Nathan Goddard following the shooting of Dayton Police Detective Jorge Del Rio in November, had his motion to reconsider bond denied by Judge Thomas Rose in a court filing posted on Wednesday, Feb. 19.

Cortner asked for the court to consider issuing him release on bail before his scheduled trial due to his lack of a criminal record and Goddard’s admission he shot Del Rio.

“As previously indicated, the circumstances in these offenses involve significant amounts of drugs as well as numerous dangerous firearms, one of which resulted in the death of DEA Agent Del Rio and one in the possession of Defendant,” Rose wrote in his ruling. “With these factors, individually and collectively, the presumption weighs heavily in favor of Defendant Cortner’s detention.”

The five counts against Cortner all carried a legal presumption of no bond:

  • Conspiracy to possess with intent to distribute 400 grams or more of fentanyl, five kilograms or more of cocaine and marijuana
  • Possession with intent to distribute 400 grams or more of fentanyl, five kilograms or more of cocaine and marijuana
  • Use and discharge of a firearm resulting in death during and in relation to a drug trafficking crime
  • Two counts of carrying a firearm during and in relation to a drug trafficking crime

On Jan. 16, Cortner’s attorney Dennis Lieberman submitted 28 exhibits to the court, including letters from community members, a deed to his house and a wage statement to show he wasn’t a flight risk.

Lieberman argued there are exceptions to the presumption rule. Lieberman cited cases that favored the exception to the presumption. Assistant District Attorney Dominick Gerace argued against the exception, citing the amount of drugs and cash that were present in the basement and that he was carrying a weapon during the time of the shooting.

“The argument (the government) is making is based on things that happened that day (of the shooting),” Lieberman said the day of the motion hearing. “It was clear from the affidavit from Mr. Goddard said he was responsible for all of this.”

The trial was scheduled to start this month but will be delayed. The new trial date was announced by Rose on Feb. 25 at 10:30 a.m. at US District Court in Dayton.

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