DAYTON, Ohio (WDTN) – Federal Judge Thomas Rose held a scheduling conference on Tuesday in his chambers to determine dates for mitigating evidence in the trial of Nathan Goddard, Lionel Combs III and Cahke Cortner.

In death penalty cases, the defense submits mitigating evidence to the state to argue against whether the state should seek the death penalty. The state will later notify the defense if it will seek the death sentence.

According to a scheduling order from the court posted on Tuesday, defense counsel has until Dec. 1, 2020 to provide the US Attorney with mitigating evidence as to whether the death penalty should be sought in the case. The US Attorney has until April 1, 2021 to notify the defense if it will seek a death sentence.

The three men are facing the death penalty after the shooting death of Dayton Police Detective Jorge Del Rio, who was working with the DEA during a raid in November. Del Rio was shot and died days later. Goddard admitted in an affidavit he fired the shots that killed Del Rio.

Goddard has been charged with a possible death sentence for the shooting. Cortner and Combs also face the death sentence for allegedly being involved in a criminal conspiracy with Goddard. Cortner, who was recently denied bond, said he was in the bathroom when the shooting occurred during a hearing on Feb. 19.

Rose delayed the case on Jan. 17 due to the complex evidence. The court hasn’t announced a starte date for the trial.