WAVERLY, Ohio — George "Billy" Wagner III won't go before a jury of his peers in Pike County when he faces trial for his alleged part in the murder of eight members of the Rhoden and Gilley families in 2016.
Judge Jonathan P. Hein ruled Monday in favor of the defense's request to move the trial out of Pike County, citing there has been too much public and media interest in the case to seat an impartial jury.
According to Hein's ruling, the new venue for Billy's trial has not been identified yet. The trial was scheduled to begin January 6, though it's unclear whether the change of venue will impact that timeline.
"The court finds that the intense scope of media coverage in this case — and other closely related cases — was so pervasive that prejudice is presumed," reads Hein's decision. "The small population of Pike County and the intense media coverage leads the court to conclude that no jury could truthfully answer that they have no prior knowledge of the horrendous factors of this case."
Billy Wagner, like his wife, Angela, and two sons, Jake and George, is accused of taking part in what's been called one of the biggest murder cases in Ohio's history.
He's accused of shooting and killing eight members of the Rhoden and Gilley families "execution-style." The family's bodies were found on April 22, 2016. He faces eight charges of aggravated murder, along with other charges associated with tampering with evidence, conspiracy and forgery.
Found dead that day were 40-year-old Christopher Rhoden Sr., 37-year-old Dana Rhoden, 20-year-old Hannah "Hazel" Gilley, 16-year-old Christopher Rhoden Jr., 20-year-old Clarence "Frankie" Rhoden, 37-year-old Gary Rhoden, 19-year-old Hanna May Rhoden, and 44-year-old Kenneth Rhoden.
Changing the trial location is yet another blow to the prosecution — who was opposed to change of venue requests made in both Billy's case and during the trial of his son, George, which took place in 2022.
Just Wednesday, Hein also announced that, unless prosecutors and defense attorneys could file an official agreement by Nov. 25, he plans to dismiss the death penalty specifications Billy faces — and schedule sentencing for Jake and Angela Wagner.
Those sentencing hearings are officially on the court's docket for December 17.
"So, here are the orders coming out of today's hearing," said Hein Wednesday. "On representation by the State of Ohio, the death penalty specification is dismissed. The case proceeds without that specification."
Then, as both Canepa and Billy's defense attorneys attempted to speak, Hein lobbed a second bombshell.
"I understand, Ms. Canepa, your dilemma — only to compound the dilemma," said Hein. "Will I now tell you that I'm going to proceed to sentencing in advance of trial? On the other cases. So I'm proceeding to sentencing. I'm going to ask the court staff to have Angela Wagner, the other Wagner case, set for sentencing."
If Angela or Jake were to be sentenced, they would no longer be obligated to testify at Billy's trial, especially if the death penalty was already taken off the table.
"Why are you trying to sabotage this case?" Canepa said in court Wednesday.
You can read about the Pike County murder trial of George Wagner IV here.
