WAVERLY, Ohio — Judge Jonathan Hein made an unexpected announcement regarding the death penalty during an otherwise routine hearing ahead of the murder trial of George "Billy" Wagner III in Pike County.
While he said he has not yet filed a decision in the defense's request to change the venue of Billy's trial, Hein chided defense attorneys and prosecutors alike for the slow pace proceedings have taken lately.
Both sides said they've been working toward an agreement with regards to the death penalty Billy currently faces. Under the plea agreement for Jake Wagner, the death penalty is dropped for himself, his mother and his father if he testifies truthfully in trial; that same agreement played a part in George Wagner IV's trial in 2022.
Because such a deal never seems to have been struck before, Prosecutor Angela Canepa said negotions have been slow going. She said they've been working on a deal that would seem to both remove the death penalty specifications ahead of Billy's trial while still being able to have insurance of some kind if Jake were to testify untruthfully at trial.
Hein pointed out that attorneys have had around four months already to come up with such a deal.
Then he made an unexpected announcement.
"So, here are the orders coming out of today's hearing," said Hein. "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.
Canepa stood and told Hein she "obviously" would be objecting to everything he'd announced. She argued the state had not made any requests for the death penalty specifications to be removed yet, and for a judge to dismiss them was unprecedented.
"Why are you trying to sabotage this case?" Canepa said.
Ron O'Brien, former Franklin County Prosecutor, who attended court on the prosecution's side for the first time Wednesday, spoke up as tensions rose.
"I think the court properly can and should set a deadline if the court wants to set a deadline, but I have never seen death penalty specifications dismissed absent the state making the request, or the defense making the request," said O'Brien.
In the end, Hein relented and agreed to give both sides until Monday to complete and submit their agreement as to how the death penalty specifications will be handled. If they do not come to an agreement, Hein said he intends to file the dismissal and schedule the sentencing for at least Angela Wagner.
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.
You can read about the Pike County murder trial of George Wagner IV here.
