In a brief but fiery hearing in Pike County Common Pleas Court Wednesday, a defense attorney argued that pursuing aggravated murder charges and the death penalty against the oldest brother charged in the Rhoden family homicides of 2016 is "an absolute abuse of power" by prosecutors.
But Judge Randy D. Deering disagreed.
After the roughly 35-minute hearing, Deering ruled that the aggravated murder charges would stand against 30-year-old George Wagner IV, and that the death penalty remains an option.
George Wagner IV's younger brother, Edward "Jake" Wagner, and his mother, Angela Wagner, have already confessed to prosecutors, laying out for them what happened overnight on April 22, 2016, inside four Pike County homes where eight people were shot to death. Both have agreed to testify against both George Wagner IV and his father, George "Billy" Wagner III.
Why George Wagner IV's attorneys say the death penalty option should be dismissed
The defense lawyers say that Jake Wagner told prosecutors during his confession (which prosecutors call a proffer) that George Wagner IV didn't shoot anyone that night.
Rhoden family slayings: Judge won't dismiss death penalty in father's case
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But during Wednesday's hearing, special prosecutor Angela Canepa told Deering she thought there was something important to note: "We are not stipulating that George Wagner did not shoot anybody. We are stipulating that according to Jake Wagner's proffer, George did not shoot anybody. That's an important distinction."
Shot to death in four separate homes in three locations on April 22, 2016, were Dana Manley Rhoden, 37; her ex-husband, Christopher Rhoden Sr., 40; their sons, Christopher Rhoden Jr., 16, and Clarence "Frankie" Rhoden, 20; their daughter, Hanna Rhoden, 19; Frankie's fiancée, Hannah Gilley, 20; Kenneth Rhoden, 44, a brother of Chris Sr; and Gary Rhoden, 38, a cousin of Kenneth and Chris Sr.
Most were shot multiple times at close range while sleeping. Kenneth was shot just once, and evidence at the home showed that Chris Sr. and Gary were awake when attacked.
Jake Wagner and Hanna Rhoden had a daughter together and investigators from the Ohio Bureau of Criminal Investigation — which handled the case — said that custody and control of children was at the root of the killings.
Rhoden killings: The plea deals by Jake Wagner and Angela Wagner
In exchange for his guilty plea that Jake Wagner, 29, made in court on the fifth anniversary of the homicides, prosecutors said the agreed-upon sentence is that he will serve eight consecutive life terms without parole, plus more than 100 years for the sentences on all the other charges. He will not be sentenced until after the cases of family are resolved and, if required, he testifies against them as promised.
Prosecutors said that Angela Wagner, 51, stayed at home the night of the homicides but was otherwise a co-conspirator with her family and in lockstep with the plans all along. She pleaded guilty in September to 14 lesser charges and agreed to a 30-year mandatory prison sentence, which also will be dependent upon her testifying against her family.
If they testify against their family and fulfill their part of the bargain, none of the Wagners will face a possible death sentence, per the agreement. But the defense attorneys for George Wagner IV had argued the aggravated murder charges, and the death penalty, should be dismissed even now.
Prior to Wednesday's hearing, defense attorneys Richard Nash and John Parker had asked the judge to allow Jake Wagner to testify in court about what his brother did and did not do the night of the homicides. The judge denied that request.
So at the start of the hearing, Parker started to read aloud in court 10 excerpts of Jake Wagner's 12-hour confession. Canepa objected and fired back, saying it was clear the attorneys wanted to try the case before it ever got to trial.
The judge did not allow the excerpts to be read.
During his argument, Parker said that prosecutors "made a deal with the devil" in taking the death penalty off the table for Jake Wagner, who had admitted to personally killing five of the eight victims.
Canepa responded: "Unfortunately, there is more than one devil in this case, and that is all four defendants charged in this matter.”
Billy Wagner, 50, was last in court for a brief hearing in November. His attorneys had also argued to have that the death penalty option dismissed against him but the judge denied it. He is due back in court in February, as is George Wagner IV for his next hearing.
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