EARLIER: Suspect in Dayton officer’s shooting case wants out of jail
Cortner is charged along with co-defendants Nathan Goddard and Lionel Combs III. Cortner is not accused of pulling the trigger and killing Del Rio, however, he is charged with multiple counts that carry potential death sentences in the case.
U.S. District Judge Thomas Rose said in his order on Tuesday that Cortner’s charges come with a presumption in favor of detention and the defense did not overcome that presumption. Cortner’s defense lawyer Dennis Lieberman argued last month that Cortner’s stable work history, his roots in Dayton and his lack of criminal history proved he should be let out of jail pending trial.
The state rebutted that argument, saying that Cortner is a danger to the community.
“In light of said presumption and considering the total nature and circumstances of the offenses charged, their seriousness, as well as what appears to be the weight of the evidence against defendant, the court finds there are no condition or combination of conditions that would reasonably assure the appearance of defendant as required and the safety of the community,” Rose said in his order.
Combs is due in court today as he is also seeking to get out of jail.
About the Author