WAVERLY, Ohio — George Wagner IV will no longer face the death penalty as his trial continues.
During the week of Thanksgiving the jury was given a break, but court was still held to argue procedural hearings, during which the prosecution said they intend to drop the death specifications against the defendant in agreement with plea deals formed with Jake and Angela Wagner.
Both Jake and Angela entered into plea agreements that traded their testimony in any trials for the murders for the dismissal of the death penalty against all four members of the Wagner family accused of murdering eight people in Pike County in 2016.
Jurors will return on Monday, Nov. 28, upon which the prosecution will announce to them they are no longer considering the death penalty in this case.
Court wrapped up on Tuesday with attorneys coming to an agreement after spending several days arguing over instructions that will be given to the jury when they enter deliberation; trial will be recessed until Monday, when closing arguments are expected to begin.
George — along with his mother Angela, father George "Billy" Wagner and brother Edward "Jake" Wagner — is accused of shooting and killing the Rhoden family members "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.
The trial is the first time a person has faced a jury for the deaths of the Rhoden family six years ago.
One of the hearings Monday was one held over a Rule 29 motion; A Rule 29 motion can be filed by defense attorneys after the prosecution rests its case to ask the judge to acquit their client of some or all charges if there is a lack of evidence for the jury to reasonably reach a guilty verdict.
During the hearing, Richard Nash, defense attorney for George, and Angela Canepa, special prosecutor, argued each charge before Deering and whether the state has presented enough evidence throughout the trial for a jury to find George guilty.
Ultimately, the Rule 29 motion was denied for each of the 22 counts George faces, including the eight counts of aggravated murder.
Another hearing was one over venue. Because Dana Rhoden's home, in which she, Hanna May and Chris Jr. were murdered, is across the Scioto County line, defense attorneys argue charges related to that scene shouldn't apply to this trial, held in Pike County.
Canepa cited section 2901.12 of the Ohio Revised Code, specifically section H, which states that when an offender commits offenses in different jurisdictions, they can be tried for all offenses in any jurisdiction in which the offenses happened.
"We still maintain our earlier position pretrial that that statute is unconstitutional," said Parker.
Deering acknowledged Parker's comment, but ruled in favor of the prosecution that George can be tried for the murders of Dana, Chris Jr. and Hanna May in Pike County, despite the crime scene's location.
After spending the afternoon arguing off the record and in judge's chambers, the defense and prosecution declined to do anything further on the record Monday.
You can read recaps of each day of the trial in our coverage below:
- No jury, court holding procedural hearings
- State and defense rest, court paused for holiday week
- 'They should have death given to them,' George said should be fate of Rhoden killers
- George Wagner IV testifies in own defense
- Arguments over evidence, defense calls witnesses
- No jury Monday as defense and prosecution argue over evidence
- The prosecution rests its case after playing final wiretap recordings
- 'We get electrocuted...it's your fault," George told his brother in wiretap
- Jury dismissed early again over disagreements on wiretap recordings
- Prosecution tries to tie murder plot to movie plot
- Trial postponed to Monday over evidentiary issues
- Murders were about protection, not custody, said Angela
- Angela told the prosecution bloody shoeprints belonged to George
- Angela Wagner called to stand, opted out of recording
- Investigators describe recovering, testing murder weapons
- Jake Wagner finishes testimony as seventh week of trial wrapped up
- Photos of murder weapons are shown for first time as Jake testifies for third day
- Jake Wagner 'could not bear to think' or speak about his crimes after the murders
- 'I felt I had no other choice than to kill Hanna,' Jake Wagner told jury
- 'I was afraid they were going to kill me,' Jake's ex-wife testifies
- Texts between Hanna Rhoden and Jake Wagner detail ongoing custody argument
- Witnesses describe intertwined Wagner finances and a device found inside a well
- Clandestine recordings made by Jake, Wagner family finances presented
- Wire taps played for jury as court enters sixth week of testimony
- George Wagner IV's grandmother testifies
- Interview with Angela played for jury, Angela's half brother takes stand
- Texts highlight Wagner family dynamic, purchases for possible silencer
- Dozens of guns collected in search of Flying W Farm, but no murder weapons
- Jury shown evidence collected from Wagner belongings
- Evidence collected on Wagner property presented
- BCI agents testified to evidence
- Ex-wife of George Wagner IV describes 'strange and controlling' Wagner home
- Jury hears from George Wagner IV's ex-wife as fourth week of testimony begins
- Family members tearfully describe the day of the homicides
- Bloody shoe prints, cell phone records are focus
- Experts testify about ballistics, shoeprint evidence
- Third week of trial moves on to Kenneth Rhoden's home
- Evidence presented from third crime scene
- Scene where Dana, Chris. Jr and Hanna May Rhoden were killed is focus
- Testimony focuses on second of four crime scenes
- Coroner describes two of eight victims autopsied
- Forensic testimony continues into Monday
- Forensic evidence takes center stage
- Testimony centers on Kenneth Rhoden, final victim discovered
- Emergency responders testify about chaotic scenes
- Witnesses describe discovering their family members' bodies
- Opening statements detail grisly moments in the six-year-old murder case
- Read a full timeline of the Pike County murder investigation
Watch opening statements below:
