PIKE COUNTY — A judge made an unexpected announcement during an otherwise routine hearing ahead of the murder trial for the final person accused of being involved in the Pike County massacre.
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George “Billy” Wagner III appeared in court on Wednesday. There, retired Darke County Common Pleas Court Judge Jonathan Hein surprised prosecutors and defense attorneys by saying he intends to dismiss the death penalty specification in Billy’s case, our news partners at WCPO reported.
The prosecution and defense had been working toward an agreement regarding the death penalty he was facing. As previously reported, a plea agreement in Billy’s son, Jake Wagner’s case stated the death penalty would dropped for himself, his mother, and his father if he testified truthfully in trial.
That agreement was in play as well during Billy’s other son, George Wagner IV’s trial in 2022.
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As both the prosecutors and defense attorneys tried to speak, the judge dropped a second bombshell.
“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,” Hein said.
WCPO reported that if Jake or Billy’s wife, Angela, were sentenced, they would no longer be obligated to testify at Billy’s trial.
Prosecutor Angela Canepa said she would be objecting to everything Hein announced, specifically since the state had not made any requests involving the death penalty specification. She even went as far as to ask why he was “trying to sabotage” the case.
After tensions rose, Hein relented and agreed to give both sides until Monday to submit their agreement on how the death penalty specification will be handled. As WCPO reported, if an agreement is not reached and submitted, Hein said he will file the dismissal and schedule the sentencing for at least Angela.
Billy, his wife, and two sons are accused of shooting and killing eight members of the Rhoden and Gilley families “execution-style” in 2016.
Those who were found dead in their four homes or nearby on April 22, 2016, include: Christopher Rhoden Sr., 40, Dana Rhoden, 37, Hannah “Hazel” Gilley, 20, Christopher Rhoden Jr., 16, Clarence “Frankie” Rhoden, 20, Gary Rhoden, 37, Hanna May Rhoden, 19, and Kenneth Rhoden, 44.
Billy has been in jail since his family’s arrest for the murders in November of 2018.
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