Tony Rhoden's wrongful death suit in the
#PikeCountyMassacre case must be resolved in 2024, the visiting judge in the case said this morning. Judge Scott W. Nusbaum said he will retire in full by then so wants the Rhoden case against the Wagner family wrapped up by then. 1/12
"I'm an old guy. We're going on a fast schedule," Nusbaum told lawyers in the case. 2/12
Nusbaum directed Rhoden attorney Brian Duncan to complete discovery in the case within six months, after Duncan requested nine to 12 months. The judge told attorneys for two Wagners they had seven months to seek or supplement motions to remove their clients from the suit. 3/12
Family matriarch Fredericka Wagner filed for removal last week. Her grandson, George Wagner IV, will follow suit, his attorney indicated today. Wagner IV was convicted last year for his role in the Rhoden shooting deaths. 4/12
Outside the courthouse, Duncan said he'll next depose and seek evidence against Fredericka Wagner. "Documents and evidence will tell us whether we have tangible claims against her," he said. "We will be dismissing the action against her if we can't prove it." 5/12
Wagner attorney Jim Owen, in court and after the hearing, continued to assert his client had no involvement in committing or covering up the Rhoden killings. "There's no credible evidence from anyone that she was involved in any way, shape or form," Owen said. 6/12
Owen said Wagner would cooperate if deposed. "Fredericka's in her 80s. We need to get closure in this case." Among other Wagners, Owen said he believes his client's other grandson and daughter-in-law -- Jake and Angela Wagner -- would also cooperate if deposed. 7/12
Wagner IV would not cooperate, attorney Richard Nash Jr. indicated today. George "Billy" Wagner III would also not likely cooperate as he prepares for a criminal trial in early 2024 in the case, Owen said. 8/12
Duncan said the Rhodens were unified in their decision to file a wrongful death suit that seeks actual and punitive damages and a jury trial. 9/12
But he acknowledged that members of the Wagner family, outside of Fredericka, have "very limited" ability to pay any award. "We're only going to proceed and go forward if we believe we can obtain a judgment but also collect," he said. 10/12
Fredericka Wagner owns property and land in Pike County worth at least $5 million, per my earlier
@enquirer coverage. 11/12
Tony Rhoden and other members of the Rhoden family were in the courthouse hallway during today's hearing, but did not enter the courtroom. (Photos by
@ldufour.) 12/12
