A hearing is set for Jan. 3 to determine whether he should be released.
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“Cahke has no prior felony convictions,” the request says. “Most of his misdemeanors are low-level misdemeanors many years ago.”
The request says Cortner was found to be a risk for non-appearance because of substance abuse history, failure to appear history, unknown employment status, possession of a valid passport and prior foreign travel.
“In Mr. Cortner’s case, none of the five reasons cited are compelling,” the attorneys said in the court document.
The attorneys said Cortner occasionally uses alcohol and marijuana, that he failed to appear on a minor traffic offense, he will seek other employment, that he is willing to turn in his passport and only traveled for vacation.
“The only risk factor is the nature of the alleged offense,” the attorneys said. “The offense is a high-profile offense with a justifiable community concern. The offense itself seems to be the primary focus. However, the offense by itself is not a reason for a detention order.”
The attorneys say Cortner did have a firearm but did not fire on police.
“Defendant Goddard has accepted responsibility for the shooting and drugs,” the court says. “He has exonerated the other two defendants.”
However, prosecutors said in filings this week that Cortner faces a long prison sentence and the case is too serious to release him from jail.
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“The nature and circumstances of those offenses, moreover, involve conduct that is as serious as any conduct that may give rise to federal charges,” the response says. “A federal grand jury found probable cause to believe that Cortner participated in a drug trafficking conspiracy that resulted in the shooting death of DEA Task Force Officer and Dayton Police Department Detective Jorge Del Rio. Cortner was located in the basement where the shooting of Det. Del Rio occurred while possessing the exact same type of firearm — with accessories — used by co-defendant Nathan Goddard to kill Detective Del Rio.”
The response says that 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.
The prosecutors asked that Cortner’s motion be denied.
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