Court of Appeals affirms convictions, life imprisonment of 2 defendants, including shooter, involved in 2019 murder of DEA task force officer

CINCINNATI - U.S. Attorney Dominick S. Gerace II announced today that the Sixth Circuit Court of Appeals has affirmed the convictions and lifetime prison sentences imposed against two Dayton men for their roles in the 2019 killing of Dayton Police Detective and DEA Task Force Officer Jorge DelRio.

"The Court of Appeals' decision demonstrates there was more than enough evidence and a clear legal basis to hold Nathan Goddard and Cahke Cortner accountable for the premeditated murder of DEA Task Force Officer DelRio," said U.S. Attorney Dominick S. Gerace II. "These defendants were justly convicted and deserve the life sentences handed down by the district judge. As we approach the seventh anniversary of this tragedy, I want to thank the outstanding AUSAs who tried this case and defended it on appeal for honoring Jorge's sacrifice through their steadfast work and dogged determination. This Office will never stop pursuing justice for Jorge and his family."

In November 2019, while attempting to prevent federal agents from seizing approximately half-a-million dollars in fentanyl and other drugs, Nathan Goddard, 46, shot and murdered Det. DelRio. Goddard was convicted of murder following a jury trial in March 2024. He and co-defendant Cahke Cortner, 46, were also convicted of multiple narcotics and firearms charges, including intentional killing while engaging in a drug offense. Goddard was sentenced in September 2024 to life plus 10 years in prison. Cortner was sentenced in September 2024 to life plus five years in prison.

On appeal, Goddard and Cortner challenged the sufficiency of the evidence supporting their convictions and argued that the district court committed errors in its evidentiary rulings and in instructing the jury. Cortner also argued that his sentence was procedurally and substantively unreasonable. The Sixth Circuit Court of Appeals rejected the defendants' arguments and affirmed the convictions and the prison sentence. The Court held that there was sufficient evidence to support the jury's conclusions that Goddard acted with premeditation in shooting Det. DelRio and that Goddard's intentional killing of Det. DelRio was foreseeable to his co-conspirator Cortner.

Appellate Chief Mary Beth Young represented the United States on appeal. The case was prosecuted by Deputy Criminal Chief Brent G. Tabacchi, Assistant Deputy Criminal Chief Amy M. Smith, Assistant United States Attorney Christina E. Mahy and Special Assistant United States Attorney Erin Claypoole from the Montgomery County Prosecutor's Office and was investigated by the DEA, FBI and ATF.

# # #