Pike County murder trial: Third crime scene testimony resumes

Attorney John Parker argued that the prosecutors' continued display of graphic photos depicting the victims and their wounds could prejudice the jury, because the prosecution's case against George is predominantly about complicity.

By: Felicia Jordan

WAVERLY, Ohio — After an abrupt ending to proceedings Thursday, the trial of a man accused of killing eight people in Pike County in 2016 picked back up with testimony from Ohio Bureau of Criminal Investigations agent Bryan White.

George Wagner IV — 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.

Court on Friday resumed testimony from White, who lead the evidence collection and processing for the third crime scene discovered, where Dana Rhoden, Hanna May Rhoden and 16-year-old Chris Jr. Rhoden were found shot to death.

On Thursday, White detailed a cell phone charging cord he'd collected from Chris Jr.'s bedroom, but lab testing determined only Chris Jr.'s DNA was on the cord. His phone was not found anywhere in the house. Friday, White said he also collected a charging cable from Dana's bedroom, but DNA testing on it was insufficient for comparison. Her cell phone was also not found anywhere in the home.

Canepa asked White whether there was any sign that, once shots had been fired in the home, anyone had attempted to flee the trailer.

"No, there was no evidence," said White. "In fact, they were covered with a blanket and I didn't notice any defensive-type wounds or anything like that on any of the victims from my scene."

Several blankets and pillows and — after the bodies were removed — sheets from the beds were collected as evidence, but Special Prosecutor Angie Canepa said most of them were not sent for DNA testing. When asked why that was the case, White explained that it would be expected for the victims' DNA to be on bedding their bodies were found lying on.

White noted that he documented and tested a circular stain that appeared to be blood on Dana's left thigh. He said the stain seemed "passive in nature," meaning that Dana did not create it, it happened because of someone or something else depositing the blood in that spot. The stain was swabbed and sent to the lab, where it tested positive for the presence of blood and for Dana's DNA.

In Chris Jr.'s room, samples were taken of what White said he believed was blood from the carpet in the teen's bedroom. The substance tested positive for the presence of blood and contained Chris Jr.'s DNA.

Several swabs taken of doorknobs and handles throughout the home did not yield enough DNA present for comparison.

Conspicuously missing from the crime scene, White said, were shell cartridges from the gun fired. Between the two gunshot wounds Hanna May suffered, the five gunshots Dana sustained and the four in Chris Jr.'s head, White said it was unusual that there wasn't much ballistic evidence to collect inside the home.

In Dana's bed, once her body was removed, Whitesaid they found a lead fragment. More notably, an empty shell casing was found in Hanna May's bedroom, beneath her baby's crib. It was for a .22 caliber bullet, like the ones that were found in the bodies of Hannah Hazel and Frankie Rhoden — but not at all similar to the bullets that killed Gary and Chris Sr. in the first crime scene.

The cartridge was sent to the lab to test for trace DNA evidence, but there was insufficient DNA for comparison, Canepa said.

Of all the items in the home tested for DNA, Canepa said there was no presence of DNA from either George, his brother, Jake, his mother, Angela, or his father Billy.

After a lunch break, Dr. Karen Looman was re-called to the stand for the third time in one week to discuss the autopsies she performed on the three Rhodens found in the third crime scene.

She detailed the gunshot wounds found in each of the victims, noting that the bullets used in this scene were consistent with those found at the other scenes, excepting the first scene where Chris Sr. and Gary were found.

Several of the gunshot wounds Dana sustained would not have immediately killed her, Looman said, including one that broke her jaw. During opening statements, Canepa said Jake has admitted he could hear Dana making noise after he shot her, prompting him to return to her room to shoot her again.

Toxicology panels showed none of the Rhodens found in the third crime scene had any substances in their systems aside from caffeine, Looman said.

When defense attorneys cross examined Looman, the main point they attempted to highlight was whether the two gunshot wounds fired into Hanna May's head could have been sustained if she'd turned to look at her killer. In opening statements, Canepa said Jake would testify that Hanna May was awake and nursing her days-old baby when he entered her room; she saw him, but didn't appear to recognize him before he shot her, Canepa claimed Jake said.

George's defense attorney, John Parker, asked whether Hanna May's bullet wounds, which Looman said were fired into the back half of her skull, would be inconsistent with a claim that she'd turned to look at her killer. Looman agreed that would be inconsistent based on the trajectory of the bullets.

In the prosecution's redirect, Canepa re-addressed that, pointing out that it was possible that Hanna turned, saw her killer and turned her back to them to protect the infant she was nursing. Looman agreed that was also a possibility. Hanna was, in the end, found lying on her right side with her shirt pulled up over her right breast, investigators and first responders have testified.

You can watch the day's testimony in full below: