Suspect in Dayton officer’s shooting case wants out of jail
“He has a strong interest in pursuing this matter to the end,” Lieberman said.
Lieberman said Cortner has a consistent work history, has family in Dayton and can be trusted to return for his court dates if released from detention. Cortner is currently being held in the Butler County Jail.
The defense team also entered into evidence letters from friends and family of Cortner asking the court to allow him to leave jail.
United States District Judge Thomas Rose did not rule Thursday. He instead said he will have to review the evidence and arguments and make a ruling at a later date.
A deadline for that ruling was not set.
Cortner’s legal troubles began in November when during a drug raid by the Drug Enforcement Agency and Dayton police, Del Rio was shot in the face and later died of his injuries. Authorities say Cortner’s co-defendant, Nathan Goddard, admitted to shooting Del Rio.
Lieberman said Goddard’s alleged admission helps prove that Cortner wasn’t involved.
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However, prosecutors contend that Cortner and co-defendant Lionel Combs III were involved. 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.
Prosecutor Dominick Gerace II asked the court to deny the request, saying that pre-trial services found that detention is best in the case.
“The government cannot oppose this motion more strenuously than it does in this case,” Gerace said.
The prosecutor said Cortner was found in the basement with Goddard and the contraband, and Cortner had the same type of gun in his holster that Goddard used to allegedly shoot Del Rio. Lieberman pointed out that Cortner has a concealed carry license for the weapon.
“This is potentially the most serious type of case this court can be involved in,” Gerace said, adding that a DEA agent is dead and a lot of dangerous drugs were found.
Both attorneys said the law presumes that Cortner should not be released from jail. However, Lieberman said he hoped to prove that Cortner should be released to his family.
“We believe the evidence overcomes the presumption,” he said.
Also Thursday in court, Goddard, Cortner and Combs both waived their right to a speedy trial. They are due back in court in February.
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