OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #89

[sunshineray]

It's also possible the parole board could grant him parole before the 32nd year. After this fiasco, nothing surprises me.

I feel badly for the victims families, having to continue living in fear that Jake will be released in 20 yrs. I've no doubt he would plot some revenge against members of the Rhoden and Gilley families, as well as his former wife. He believes he has God on his side now.

I worry for his daughter someday having to deal with him possible showing up on her doorstep. There has to be something that can be done about this judge and his outrageous actions.

 

[sunshineray]

He is up for parole in 32 years, I could not see him ever getting parole but the world will be a lot different in 32 years and strange things do happen. He does not get out after 32 years unless the parole board lets him out.

Didn't the judge say up for parole in 20 years and a new chance for him at 32 years? I took that new chance as release. The judge wipeout the LWOP, didn't he? And I don't recall him changing that to a life sentence with the possibility of parole. Maybe I missed that?

 

[sunshineray]

Common sense dictates that a plea agreement with a quid pro quo of testifying against a co-defendant at trial means that the reward comes after the defendant testifies. It's implicit in the agreement.

Good luck trying to get Jake to testify against Billy now. Yes, the judge knew the risk of early sentencing. Apparently, that's why he did it. If not, what was the reason he felt compelled to push through sentencing now? There was no rush. His job was to get Billy's trial underway. All he's done so far is throw that into chaos. JMO

So the judge renegs on EJW having to testify at BW's trial and EJW gets a lighter sentence? Can BW's charges be bumped up now to DP, since the plea deal conditions have been thrown out?

 

[Betty P]

So the judge renegs on EJW having to testify at BW's trial and EJW gets a lighter sentence? Can BW's charges be bumped up now to DP, since the plea deal conditions have been thrown out?

The judge has already tried to have the DP removed from Billy's charges. Angela Canepa has appealed it to a higher court.

 

[Betty P]

Pike County Massacre: Jake Wagner, guilty of murdering 8 in 2016, granted possibility of parole

Three members of the Wagner family were sentenced Friday for their role in the Pike County massacre in 2016.

www.whio.com

 

[arielilane]

Not understanding why Judge Hein allowed JW to give a "sermon," yet only allows 10 minutes for impact statements???
Ive always felt that sentencing was a time for the victims to express themselves, talk about the loved one they lost because of the defendant [a senseless crime] and justice prevailing?

Ive experienced a lot of sentencings and have never seen anything quite like yesterday's ... something is not right...many red flags went up for me. Im still trying to process it all.

I cant imagine the pain and hurt the Rhoden and Gilley families feel. They dont deserve any of this.

In addition, it's GW4's right to go to trial so why would that factor even be brought into the equation????

I heard no apologies from any defendant yesterday [correct me if this is incorrect]. These people [RN, AW, & JW] are only concerned about themselves]!

moo

 

[Covert Operative]

Didn't the judge say up for parole in 20 years and a new chance for him at 32 years? I took that new chance as release. The judge wipeout the LWOP, didn't he? And I don't recall him changing that to a life sentence with the possibility of parole. Maybe I missed that?

It is a chance at release if the parole board were to approve parole. It's 32 to life basically.

 

[Covert Operative]

Didn't the judge say up for parole in 20 years and a new chance for him at 32 years? I took that new chance as release. The judge wipeout the LWOP, didn't he? And I don't recall him changing that to a life sentence with the possibility of parole. Maybe I missed that?

Jake Wagner, however, received a far more lenient sentence.

“I give you the opportunity of parole after 20 years on your prison sentence,” the judge said. “So you do six on the gun spec; you do six on the gun spec; you do life on all the other counts; everything concurrent — with the opportunity of parole at 20 years. So, 32 years out, you get your chance. Because you cooperated. Because you did something to acknowledge the responsibility for the crime. That’s not a deal, that’s as close as I can come to solving the problem that was handed to me by these ancient plea agreements.”
In other words, Jake Wagner will serve time for two gun crimes consecutively and then will serve the rest of his sentences at the same time — with the possibility of parole after 32 years behind bars. Or, in simpler terms, he was sentenced to 32 years to life with the possibility of parole.

Victims' families storm out of courtroom during Pike County Massacre sentencing hearing

The ultimate sentence was a shock to the state, defense, gallery, and other court-watchers alike – and prompted audible tears in the courtroom.

lawandcrime.com

 

[sunshineray]

DBM

 

[sunshineray]

Jake Wagner, however, received a far more lenient sentence.

“I give you the opportunity of parole after 20 years on your prison sentence,” the judge said. “So you do six on the gun spec; you do six on the gun spec; you do life on all the other counts; everything concurrent — with the opportunity of parole at 20 years. So, 32 years out, you get your chance. Because you cooperated. Because you did something to acknowledge the responsibility for the crime. That’s not a deal, that’s as close as I can come to solving the problem that was handed to me by these ancient plea agreements.”
In other words, Jake Wagner will serve time for two gun crimes consecutively and then will serve the rest of his sentences at the same time — with the possibility of parole after 32 years behind bars. Or, in simpler terms, he was sentenced to 32 years to life with the possibility of parole.

Victims' families storm out of courtroom during Pike County Massacre sentencing hearing

The ultimate sentence was a shock to the state, defense, gallery, and other court-watchers alike – and prompted audible tears in the courtroom.

lawandcrime.com

Ahhh I see now, thanks for your patience!

 

[Covert Operative]

Ahhh I see now, thanks for your patience!

The way he judge said it was confusing.

 

[Betty P]

Jake Wagner, however, received a far more lenient sentence.

“I give you the opportunity of parole after 20 years on your prison sentence,” the judge said. “So you do six on the gun spec; you do six on the gun spec; you do life on all the other counts; everything concurrent — with the opportunity of parole at 20 years. So, 32 years out, you get your chance. Because you cooperated. Because you did something to acknowledge the responsibility for the crime. That’s not a deal, that’s as close as I can come to solving the problem that was handed to me by these ancient plea agreements.”
In other words, Jake Wagner will serve time for two gun crimes consecutively and then will serve the rest of his sentences at the same time — with the possibility of parole after 32 years behind bars. Or, in simpler terms, he was sentenced to 32 years to life with the possibility of parole.

Victims' families storm out of courtroom during Pike County Massacre sentencing hearing

The ultimate sentence was a shock to the state, defense, gallery, and other court-watchers alike – and prompted audible tears in the courtroom.

lawandcrime.com

Very confusing sentence with zero reason to give a mass murderer an opportunity for parole. JMO, he stands a very good chance of being paroled when the time comes, simply because of the way his case has been handled from the start. He and his family almost got away with murder. It's taken extraordinary effort and maneuvering to see justice done in this case. The influence behind the scenes will continue to work in his favor. JMO

I hope we see some clarification on this sentence, because right now, its clear as mud.

 

[joe jones]

He is up for parole in 32 years, I could not see him ever getting parole but the world will be a lot different in 32 years and strange things do happen. He does not get out after 32 years unless the parole board lets him out.

And the children who he victimised and whose parents he murdered will all be adults then and if they choose to they will be able to speak at every parole hearing to let the parole board know just how JW impacted there lives, I am sure that the 3 survivors from that night would have powerful testimony that the parole board should hear, as they will have had there childhood into adulthood massively changed by what JW and his family did, plus one of the survivors had both parents murdered, another his father, and a baby had only a few days with her mother before JW shot her mother dead and left her laying in bed with her dead mother,
Then there is JW and HR daughter, she can also attest to what growing up without her mother has been like, and the impact of living with the knowledge that her father murdered her mother, and her maternal grandparents and uncles,
These crimes have left generations of trauma behind, I doubt any parole board will be very eager to release JW if even one of the above mentioned survivors testified at his parole hearing
Plus I can only imagine the emotional trauma JW and HR daughter has suffered knowing they killed all 8 to get custody of her, it is one thing to know you are an innocent in all this and another to live with that knowledge, I hope they all have been provided with ongoing therapy to be able to manage all the emotional trauma that they have had to try to learn to live with

 

[Queenadeze]

Long time lurker here. The sentences are such a travesty of justice. Why would Billy ever go to trial now knowing they if he confessed would most certainly get parole.

My heart pours out for all family involved. I could feel the pain Hearing Hannah gilleys mom speak.

 

[Seattle1]

Again, the plea agreements specified that sentencing would not be finalized until AFTER the defendants had fulfilled their part of the plea agreement - testifying in the trials of Billy and George Wagner.

Billy's trial was the last. To meet the terms of their agreements, the defendants needed to testify in Billy's trial. At the end of Billy's trial, all defendants who made plea deals would be sentenced accordingly.

Sentencing defendants BEFORE they fulfilled the terms of their plea agreement basically nullifies the deal.

There's no mechanism of enforcement now, to compel either Jake or Angela to testify against Billy at his trial. That has been nullified by Judge Hein when he sentenced them before they met the terms of their original plea deal. He not only gave them a break by not making them testify against Billy, he rewarded Jake with a much lighter sentence for murdering 5 or 6 people.

Here's the question we need to ask. Did Judge Hein negate the terms of the original plea deals by accident or deliberately? Did he not realize that the court could no longer compel Jake or Angela to testify against Billy at his trial? Or did he think that Jake and Angela would agree to testify against their co-defendant voluntarily?

I can keep repeating this as often as necessary. I've saved a copy so I can repost if necessary.

If you can find some statute or ruling that allows the judge to compel testimony from Jake and Angie in Billy's trial, that would be great. But for now, the original plea deal is unenforceable.

We must rely on two mass murderers to honor the original deal from the kindness of their hearts. I don't think that will happen and I think the reduced sentence and parole for Jake will actually act as an incentive for him to refuse to testify.

JMO IANAL

^^bbm

State v. Bethel, 110 Ohio St. 3d 416, 2006-Ohio-4853 -- In a capital homicide a plea agreement involved a proffer inculpating the defendant and his agreement to testify against the codefendant. He failed to do so. Court applies contract law to sort out language of the agreement to determine whether statement could be used against the defendant at his own trial. Court cites a 1911 civil case for the proposition that contracts are to be construed to give effect to every provision therein. Death penalty affirmed.

Just as Ohio law grants the Parole Board complete discretion over release of an inmate (regardless if inmate's sentence by the Court provides they are eligible), the Court has full discretion over any plea agreement (i.e., sentence) negotiated by the parties. In other words, the Court has the final word here and no agreement is valid until the trial Court imposes the sentence-- thereby accepting or rejecting the plea agreement.

To be clear, IMO, it's without question that Hein is void of respect for the prosecutor and the victims of this case but I also think the higher Court has twice rejected the State's request to replace him because he's not violated any law (other than in spirit) for the reasons opined above. That said, I also find Hein's attitude most troubling -- his actions seem more a 'because I can, power trip,' than judicial reasoning. IMO, he presents very mean-spirited.

I'm thinking of another extended prosecution case in Florida for the murder of Professor Dan Markel who was gunned down inside his vehicle when he pulled into his Tallahassee garage in July 2014. (See WS active trial cases).

The key witness in this case is a former ranking member of the Latin Kings who has testified in the trials of three (and soon to be four) co-defendants each (after being sentenced pursuant to a generous plea deal). Also a capital murder case, the State did not delay sentencing the witness in fear of losing his testimony at future trials and/or nullifying the plea agreement. I seriously doubt his defense would have allowed any sentencing delay as seen in the Ohio case.

In fact, this witness had (has) every reason not to cooperate after the fact since he's a marked man inside/outside of prison for violating his gang code (i.e., snitch) and he didn't even snitch on another gang member in this case! (His co-defendants included a childhood friend and his wife, a wealthy dentist (brother-in-law to the victim) and soon the mother-in law (the wealthy wife of father-in-law dentist)).

Also, during the last trial of the brother-in law in 2023, another convicted co-defendant who testified during her own trial also served as state's witness where she contradicted her own testimony -- admitting perjury. IMO, inmates frequently testify hoping their co-operation will be remembered at sentencing and/or parole. Plea agreements are negotiated in good faith but are always subject to the trial Court accepting or rejecting the plea agreement at sentencing.

Again, the Trial Court has the final say on plea agreements.

Ohio Prosecuting Attorneys Association

https://opd.ohio.gov/law-library/criminal-law-casebook/plea-bargaining

ETA: I forgot about this case-- after four years and a negotiated plea agreement:

Berks County President Judge Theresa Johnson rejected the plea as soon as it was presented to her by a prosecutor and ended the [sentencing] hearing after just a few minutes, shutting down a defense lawyer who tried to interject.

“I am not accepting that plea agreement,” Johnson declared, adding, “It doesn’t serve the interests of justice.” She then walked out of the courtroom.

11/18/23 - Judge rejects plea agreement

 

[LMDlong]

Again, the plea agreements specified that sentencing would not be finalized until AFTER the defendants had fulfilled their part of the plea agreement - testifying in the trials of Billy and George Wagner.

Billy's trial was the last. To meet the terms of their agreements, the defendants needed to testify in Billy's trial. At the end of Billy's trial, all defendants who made plea deals would be sentenced accordingly.

Sentencing defendants BEFORE they fulfilled the terms of their plea agreement basically nullifies the deal.

There's no mechanism of enforcement now, to compel either Jake or Angela to testify against Billy at his trial. That has been nullified by Judge Hein when he sentenced them before they met the terms of their original plea deal. He not only gave them a break by not making them testify against Billy, he rewarded Jake with a much lighter sentence for murdering 5 or 6 people.

Here's the question we need to ask. Did Judge Hein negate the terms of the original plea deals by accident or deliberately? Did he not realize that the court could no longer compel Jake or Angela to testify against Billy at his trial? Or did he think that Jake and Angela would agree to testify against their co-defendant voluntarily?

I can keep repeating this as often as necessary. I've saved a copy so I can repost if necessary.

If you can find some statute or ruling that allows the judge to compel testimony from Jake and Angie in Billy's trial, that would be great. But for now, the original plea deal is unenforceable.

We must rely on two mass murderers to honor the original deal from the kindness of their hearts. I don't think that will happen and I think the reduced sentence and parole for Jake will actually act as an incentive for him to refuse to testify.

JMO IANAL

Hein said he sentenced JW for less time because he cooperated. (Basically rewarding him)
The DP being removed if he testified was the deal made when he plead guilty.
Hein should have had to abide by that deal.

 

[Seattle1]

Pike County Massacre: Jake Wagner may request parole in 32 years

Three members of the Wagner family learned their fate Friday for their roles in the 2016 Pike County Massacre.

www.fox19.com

1/3/24

The decision as Judge Jonathan Hein announced that Edward “Jake” Wagner could one day be released from prison left people in the Pike County Courtroom in disbelief.

Jake Wagner had agreed to a life sentence without parole after a deal that was approved by now-retired Pike County Judge Randy Deering.

Judge Hein says that deal is not binding.

“If everybody wants the last judge’s sentencing deal they should have sentenced him under the last judge,” Hein said.

Many expected Jake Wagner would be sentenced to life without parole but that wasn’t the case.

“32 years out you get your chance because you cooperated. Because you did something to acknowledge responsibility for the crime,” Judge Hein said.

[..]

Judge Hein sentenced Angela Wagner to 30 years in prison without the possibility of parole.


ETA: IMO, Hein rejected parole per the plea agreement for AW because she had every opportunity to warn the victims of the danger they faced and did nothing to save them.

Relative to parole at 20 years-- this applies to the JW's gun charges, not murder. JW is not eligible for consideration for 32 years. MOO

 

[Seattle1]

Jan 3, 2025

3 Family Members Face Sentencing in Ohio Family Massacre

Three Wagner family members face sentencing for their roles in the 2016 massacre that left eight members of the Rhoden family dead.

www.courttv.com

 

[pittsburghgirl]

It's unbelievable that people who murdered 8 people, including the mother of a newborn, could ever see the light of day. Life without parole was made for these people.

Shame on this judge.

 

[Cool Cats]

OMG

Where is my stomach medicine?

This is what happens when you take way to long to bring justice. Had everything been done in a timely manner then we would not have these inexcusable outcomes. Excuse me while I leave the premises to swear.

Judge called them "ancient plea agreements" and felt Judge Deering should have gotten it all done much sooner.

Victims' families storm out of courtroom during Pike County Massacre sentencing hearing

The ultimate sentence was a shock to the state, defense, gallery, and other court-watchers alike – and prompted audible tears in the courtroom.

lawandcrime.com

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