Death penalty not sought for 2 of 3 men charged in Dayton detective’s death

Dayton, Ohio – Federal prosecutors have indicated in court documents that they don’t plan to seek the death penalty against two of the three men charged in connection with the shooting death of an Ohio police detective last fall.

The Dayton Daily News reports that prosecutors filed a motion informing the court that capital punishment will not be sought against Cahke Cortner and Lionel Combs III.

The two are charged with brandishing and discharging a firearm resulting in death by murder in a drug-trafficking scheme in the death of 55-year-old Dayton detective Jorge Del Rio. Authorities said Del Rio died days after he was shot Nov. 4 while working with a federal drug task force serving a search warrant.

Combs’ attorney, Kathryn Bowling, declined comment Monday. Cortner’s attorney, Dennis Lieberman, said he and his client were “thankful” but declined additional comment.

A decision hasn’t been announced on seeking the death penalty against Nathan Goddard Jr., who is charged with deliberately killing Del Rio. His attorneys have until Dec. 1 to provide mitigating evidence or arguments and prosecutors must give notice on their decision by April 1, according to court records.

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