DAYTON, Ohio (WDTN) – Attorneys for one of the men accused in the shooting of Detective Jorge Del Rio are asking a federal judge to have him released for pretrial.

Lionel Combs is charged with five counts including brandishing and discharging a firearm, resulting in death.

Combs is one of three men arrested by officers the night of November 4. Federal prosecutors say Combs and two other men opened fire on DEA agents during a drug raid, killing Del Rio.

A motion has been filed to keep Combs behind bars.

If convicted, he could face the death penalty.