DAYTON, Ohio (WDTN) – Nathan Goddard, Cahke Cortner and Lionel Combs III will be held without bond until trial after a detention hearing in front of Federal Magistrate Judge Sharon Ovington on Friday.
First Assistant District Attorney Vipal Patel said the three suspects will likely face charges from Montgomery County prosecutors as well as the federal charges they already face.
“The conversation is being held at a high level between the U.S. Attorney and the county prosecutor about which charges might be kept in federal court and be filed parallel in county court,” Patel said.
Courtney Allen, who was also arrested, has not had federal charges filed against him as of now, according to Patel.
Although Goddard is said to have shot Detective Del Rio, the other two suspects are facing the death penalty and felony murder due to drug conspiracy charges.
“The initial complaint charges all three defendants in a drug conspiracy and a serious one,” Patel said. “There was over 4kg. of fentanyl. all three are charged in that conspiracy and all three are charged in the death of Detective Del Rio.”
Due to precedent in the case US v. Pinkerton, members of a felony criminal conspiracy can be charged with felony murder.
“Because they are committed to that conspiracy and that crimes committed in the furtherance of that conspiracy are reasonably foreseeable, the charges are attributable like every member committed that crime,” Patel said.
Defense Attorney Dennis Lieberman asked Ovington to consider bail for his client Cortner based on his lack of a criminal record, his long-time employment at DMAX and being married with a family and a home.
“The affidavit said he was not the person who fired the gun, the person who did confess to that in the statement,” Lieberman said. “He happened to be in the wrong place at the wrong time. He had a gun in his possession, but he had a CCW license and it was not used or fired. I’d like the court to take this into consideration for a reasonable bond”
U.S. Assistant District Attorney Dominick Gerace argued the law regarding presumed detention before trial when charged. He said Combs’ gun was the same FN Five-Seven model that Goddard shot Del Rio with.
“(It had the same) extended magazine, the same ammo and the same laser sight,” Gerace said. “I struggle to articulate a more serious crime.”
Attorney James Fleischer argued bond for Combs, who had two misdemeanors 14 years ago relating to an OVI and a disorderly conduct, and a marijuana disposition charge that was waived three years ago.
“The affidavit places him in the basement in the home, but doesn’t place him with a firearm,” Fleischer said.
Gerace argued the bust was made at Combs’ residence and he had previously committed offenses while on probation.
The detention hearing was emotional with members of local law enforcement attending in support of Del Rio. Family for all three suspects were also present. Two family members of separate suspects got into a loud confrontation outside the courtroom, which spilled into the hallway and finally ended by the elevators on the fifth floor of the district court building.