Judge sets death-penalty deadlines in shooting death of Dayton officer

Nathan Scott Goddard Jr.

Credit: SHELBY COUNTY JAIL

Credit: SHELBY COUNTY JAIL

Nathan Scott Goddard Jr.

U.S. prosecutors have until April 2021 to tell a federal judge whether they intend to seek the death penalty in the case of the deadly shooting of Dayton police detective Jorge Del Rio.

An order issued by District Court Judge Thomas Rose said in the cases against Nathan S. Goddard Jr., Cahke Cortner and Lionel Combs III, the defense should provide prosecutors any evidence or arguments that it intends to present in regards to whether the death penalty should be sought. That deadline is Dec. 1, 2020.

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“If the U.S. Attorney’s Office intends to seek the death penalty, notice of that intent shall be filed and served upon the Defendant no later than April 1, 2021,” the order says.

A message for comment to prosecutors and defense attorneys went unanswered Tuesday.

Goddard, Cortner and Combs are all charged in connection to the death of Del Rio.

The Dayton detective, who was part of a federal task force, was shot and later died in November during a drug raid at a home on Ruskin Road. During the raid, more than four kilograms of fentanyl, six kilograms of cocaine and several pounds of marijuana and several thousands of dollars were recovered at the scene, according to prosecutors.

Authorities say Goddard pulled the trigger and shot Del Rio as he came down the stairs to the basement. They have charged Cortner and Combs as they are accused of being part of a drug trafficking enterprise that led to Del Rio’s death.

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The order filed last week said no other hearing dates will be scheduled in the near future because the case has been declared “complex.” This means the two parties will need ample time to adequately prepare for pretrial proceedings and the trial.

Previously, Cortner and Combs attempted to get out of jail pending trial. Rose denied Cortner’s request and is contemplating Combs’ request.

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