DAYTON — A federal jury is not deciding the future of two men investigators say killed Dayton Police Detective Jorge Del Rio.
Closing arguments concluded after two days on Wednesday afternoon, placing the case of Nathan Goddard and Cahke Counter in the hands of the 12 jurors.
>> PREVIOUS COVERAGE: Trial for men charge in killing of Det. Jorge Del Rio reaches closing arguments
Del Rio was shot while serving a search warrant as part of a Drug Enforcement Administration Task Force at a home on Ruskin Drive in 2019.
Goddard is accused of firing the shots that hit Del Rio, but Counter is also facing murder charges as being part of the drug conspiracy.
On Tuesday, prosecutors presented their closing arguments. They said the task force Del Rio was part of knocked and announced their presence before entering the home.
News Center 7 was in court on Wednesday when defense lawyers claimed the people inside, especially Goddard, were not clear on that and thought intruders were entering the home.
Goddard’s lawyer, Donald Malarcik, claimed that when “an intruder just kicked in your door, dressed in black, they have a gun, it’s pointed at you, that’s when you have the right to defend yourself.”
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Malarcik also claimed that “Goddard did not hear anyone announce. He had seen no (police) insignia and what he felt was reasonable fear for his life.”
Prosecutors made it clear that Del Rio was wearing a hat with a bold “DEA” on it in yellow and a police vest with yellow letters and a badge on it.
Counter’s lawyer, Dennis Lieberman, told the jury his client is not guilty, saying, “Theories, speculations, suspicions are where justice goes to die. Facts and truths are where justice lives.”
Still, prosecutors told the jury what happened at the home should be clear and that both men were responsible for Del Rio’s death.
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