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

[MTW2011]

It’s Ohio is all I can say. Ohio Supreme Court has a reputation. That’s all I’ll say except that some of them are very new in their jobs. I assume a judge has to do something really egregious, like murder, to remove them from their job.

The removal of the DP was unnecessary. Part of Jakes plea agreement was that none of his family would face the death penalty. Billy wasn’t going to face that. I’m not sure what this judge is trying to do, but I have a feeling this will continue. JMO and IANAL, but these cases are getting very tangled up. There have been quite a lot of defendants some whose cases have been negotiated through plea deals that were a little complex. The judge may not have understood all the complexities and made some unnecessary changes. None of that is the fault of the prosecution. They're bystanders at this point because Judge Hein is making all these changes unilaterally. Who knows what he’s going to do next, but I doubt he’ll admit he’s having trouble managing this.

I think the only things that the prosecution can be blamed/at fault for are:
-not filing the written objections the Judge asked them to do (if they were going to have objections)
-telling the court in September/October/November that things were getting closer to some agreement without disclosing until December that things really hadn’t progressed at all

I truly think those two things were entirely within the power and control of the State, and I think one or both of those could’ve played a factor in what the Judge decided. Of course he could’ve still removed the DP on his own anyway, but I really don’t think that the state not doing what he asked them to do (with the objections) helped anyone on their side

 

[Seattle1]

It’s Ohio is all I can say. Ohio Supreme Court has a reputation. That’s all I’ll say except that some of them are very new in their jobs. I assume a judge has to do something really egregious, like murder, to remove them from their job.

^^rsbm

While Ohio Supreme Court Chief Justice Sharon Kennedy determined Special Prosecutor AC's request to remove the judge lacked proof and therefore lacked merit, according to a copy of her decision filed in Pike County Common Pleas Court, I think the real issue here is that Hein did not have to good sense to recuse himself from this case several weeks ago. IMO, he's demonstrated over and over that he's not the party to preside over this very serious case. I really think he's in over his head.

 

[Betty P]

^^rsbm

While Ohio Supreme Court Chief Justice Sharon Kennedy determined Special Prosecutor AC's request to remove the judge lacked proof and therefore lacked merit, according to a copy of her decision filed in Pike County Common Pleas Court, I think the real issue here is that Hein did not have to good sense to recuse himself from this case several weeks ago. IMO, he's demonstrated over and over that he's not the party to preside over this very serious case. I really think he's in over his head.

I think it’s also possible Chief Justice Kennedy is in over her head as well. JMO, Billy’s case seems to be at a standstill. I don’t know how they’re supposed to move forward. It’s still uncertain if Jake and Angela can be compelled to testify. If not, the state will have to revamp the presentation.

Jakes sentence is vague and needs to be appealed.

Who knows how many more mistakes this judge will make?

At least they’re all still in jail for now and not a danger to victims and the general public. With this judge, nothing is guaranteed, though. He could decide to release any of them tomorrow. It’s Ohio, anything is possible.

 

[sunshineray]

Shocking even JW-- from the look on his face -- in Hein's own words, he did not think it appropriate for JW to face the same sentence as his brother GW4 after JW acknowledged his responsibility and helped the State with their case.

But Judge Hein rejected the deal, saying that because he accepted responsibility for his crimes, he shouldn’t face the same sentence as his brother. Prosecutors say Jake’s testimony during his brother’s trial in 2022 was key to convicting George Wagner IV, who’s now serving multiple life sentences for his role in the murders. Jake also testified that his father, Billy, killed at least two people and that his brother didn’t fire a single shot. Judge Hein sentenced Jake to life with the possibility of parole after 32 years.

So in this judge's judicial logic, because EJW did what he did to save himself and his family members from the death penalty, because let's be honest, that's the ONLY reason he did it, he gets 8 aggravated murder convictions of LWOP punishment reduced down to just 4 years for a life. Then he can plead his case to get released from any more punishment....cause you know, he admitting he and his family members dastardly guilt making it all even up. You're good to go Jake...if the board agrees. Fair is fair because you were so honest in saving THEIR lives. Twilight zone AJMO

 

[sunshineray]

Just thinking about this and perhaps the Judge told Jake he would be eligible to initiate parole application (**down the road**)... in order to keep him behaving himself in prison. When he goes before the parole board, nobody is going to be crazy enough to let him out IMO. A little false hope goes a long way in prison.

I don't know about that, there's some crazy people in this world. And now the onus is on the surviving Rhoden and Gilley family members (the children left covered in their parents blood) to schedule, have to face and defend the punishment of the killer of their loved ones...for the rest of their lives, what every 5 years or so? It's just intolerable. The judge thought nothing of them, only in rewarding a mass killer. MO

 

[sunshineray]

In a 1999 Judicial Campaign Complaint filed against JP Hein, I don't think the ruling and subsequent sanctions (in excess of $6K) will surprise anybody here:

....The hearing panel concluded that the respondent's excuses do not justify the misconduct established in this case.   We agree and share the hearing  panel's concern over the respondent's lack of familiarity with Canon 7 and somewhat cavalier attitude taken toward obtaining a greater understanding. ....

https://caselaw.findlaw.com/court/oh-commission-of-five-judges/1486522.html

So in a nutshell, he didn't conduct himself in a "dignified and appropriate manner", 6 grand worth. He was still elected and sits as a judge who seems to favor an admitted mass murderer over numerous victim family members including two children left alive amongst the carnage of their family. Wow, MO

 

[sunshineray]

The judge was pretty clear that he felt Jake deserved a chance at parole for getting another chance at life. He said Jake could work on his life or something similar. Jake can strive in prison to earn freedom.

The judge makes a serious error in judgment if he thinks a man who plotted and carried out the murders of 8 innocent people, including the mother of his daughter who had just borne a second child 4 days earlier, is capable or motivated to live a productive, peaceful life.

Remember how Jake allowed that some of the victims were killed simply because they were there and could be witnesses? He can't be rehabilitated and doesn't deserve to be outside of prison again.JMO

He "had no choice". This said on the the stand AFTER his convictions. There's no remorse in that man. Yet, he tells the victim's family members to examine their own sin, for they have the same weight as his own. Then the judge rewards him...that's justice.

"An Ohio man convicted of shooting five of eight family members killed in a 2016 massacre testified Monday he had no choice but to kill the mother of his child."

Jake Wagner, convicted of killing 5 members of Rhoden family, claims he 'had no choice'

Jake Wagner pleaded guilty last year to shooting the five victims, an attack that investigators said resulted from a custody dispute between two families.

www.10tv.com

 

[sunshineray]

I am hearing that AW is being held down in Scioto County jail under a "safekeeping" order. Alrighty then.

Maybe hearing about Andrea Carter's statements and Judge Hein's change of sentence got people riled up?

 

[sunshineray]

Both defendants entered their plea agreements knowing that the Court had the final word on sentencing. Depending on their relationships with their respective defense attorneys, I can see JW testifying against Billy as he agreed but I recall AW writing to the Court seeking to replace her lawyer. I don't think her request for a new lawyer was granted so she's likely only 'tolerated' her counsel and doesn't feel any loyalty to her defense -- especially since Hein rejected any sentence with parole eligibility for AW. MOO

She planned and assisted in the cold-blooded murder of eight people. She got off with 3.75 years for each murder. She won the sentencing lottery. MO

 

[MTW2011]

So in a nutshell, he didn't conduct himself in a "dignified and appropriate manner", 6 grand worth. He was still elected and sits as a judge who seems to favor an admitted mass murderer over numerous victim family members including two children left alive amongst the carnage of their family. Wow, MO

If we dig deep enough, chances are lots of these players would have things not so great about their past.

Canepa, when she was leading the Sex crimes unit, took over a case where she learned there was no physical evidence and major issues with the credibility of the alleged victim….instead of dismissing the case she forged ahead and man was convicted. After doing his sentenced she worked to have his probation revoked and him sent back to prison because he “didn’t complete” the sex offender classes because he did not and would not admit that he had actually committed a sexual offense or that he had a victim at all. Again, there was major issues with the victim’s changing story and no physical evidence of the crime. The original judge pushed for Canepa to either dismiss the charges entirely or lower them to misdemeanors - none of which she offered. None of this came to light until it all came overflowing out on appeals. Turns out telling the Judge you would work with the defense to try and reach an agreement with the defense - and then actually doing nothing - is not a good look. Not a good look for the prosecutor, not a good look for justice. (Again, this thread is about the Wagner’s so I should probably refrain from sharing the name of the individual in this case but it’s easily found online).

My only point is that Judge Hein sure has some history that doesn’t look great….and same goes for the State. If you look hard enough, I’m sure you can find stuff on all of the main players in this trial. Whether or not a prosecutor proceeding with a weak case and revoking probation because someone won’t admit to something the state can’t even prove is “worse” than what Hein did, obviously that’s up to the individual to decide for themselves.

 

[sunshineray]

If we dig deep enough, chances are lots of these players would have things not so great about their past.

Canepa, when she was leading the Sex crimes unit, took over a case where she learned there was no physical evidence and major issues with the credibility of the alleged victim….instead of dismissing the case she forged ahead and man was convicted. After doing his sentenced she worked to have his probation revoked and him sent back to prison because he “didn’t complete” the sex offender classes because he did not and would not admit that he had actually committed a sexual offense or that he had a victim at all. Again, there was major issues with the victim’s changing story and no physical evidence of the crime. The original judge pushed for Canepa to either dismiss the charges entirely or lower them to misdemeanors - none of which she offered. None of this came to light until it all came overflowing out on appeals. Turns out telling the Judge you would work with the defense to try and reach an agreement with the defense - and then actually doing nothing - is not a good look. Not a good look for the prosecutor, not a good look for justice. (Again, this thread is about the Wagner’s so I should probably refrain from sharing the name of the individual in this case but it’s easily found online).

My only point is that Judge Hein sure has some history that doesn’t look great….and same goes for the State. If you look hard enough, I’m sure you can find stuff on all of the main players in this trial. Whether or not a prosecutor proceeding with a weak case and revoking probation because someone won’t admit to something the state can’t even prove is “worse” than what Hein did, obviously that’s up to the individual to decide for themselves.

A jury convicted that man though, right? She must have had some evidence. As far as this judge goes, his last ruling (EJW sentence reduction) speaks volumes for itself, MO

 

[MTW2011]

A jury convicted that man though, right? She must have had some evidence. As far as this judge goes, his last ruling (EJW sentence reduction) speaks volumes for itself, MO

No, they did not. He entered an Alford plea with the stipulation that he would take the sex offender classes but not admit to a crime he didn’t commit. His plea involved charges that were not sex offenses.

Canepa tried changing the details of his plea after the fact, when she made arguments that the defendant violated his probation. When it came up to their review the higher Court believed she had deceived not just the defense attorneys, the defendant, but the original Judge when she “agreed” to the details plea. Agreeing to a lower non-sexual offense and then later on trying to revoke probation based on someone violating terms and conditions for a sexual based offense was not great, JMOO.

ETA - oh, and even after the Appellate Court admonished her for trying to revoke probation based on terms & conditions the defendant didn’t agree to, she still tried to push to get the person registered as a sex offender (of which they were convicted of no sexual based offense, so….) Supreme Court found that she had had used “highly coercive” measures to not just reach pleas but to also deceive defendants who didn’t know better. They also found that she had improper private communications with defendants without their counsel.

 

[Seattle1]

She planned and assisted in the cold-blooded murder of eight people. She got off with 3.75 years for each murder. She won the sentencing lottery. MO

AW did indeed win the sentencing lottery but 30 years was the mutual term negotiated by the State and her defense in 2021. Prosecutors make deals with the devil all the time-- they only charged her with conspiracy to commit murder as part of the plea deal and dismissed the 8 counts of aggravated murder! I'm sorry the State had to bargain with any Wagner. JMO

9/10/21 - FOX19 - Angela Wagner

Pike County Prosecutor Rob Junk says Wagner pleaded to conspiracy to commit aggravated murder, several counts of aggravated burglary, tampering with evidence, and other charges as part of a plea deal. The remaining eight counts of aggravated murder were dismissed.

The prosecution is recommending Wagner receive 30 years with no possibility of the death penalty. As part of the plea, she has agreed to testify against the other defendants.

 

[imstilla.grandma]

 

[MTW2011]

AW did indeed win the sentencing lottery but 30 years was the mutual term negotiated by the State and her defense in 2021. Prosecutors make deals with the devil all the time-- they only charged her with conspiracy to commit murder as part of the plea deal and dismissed the 8 counts of aggravated murder! I'm sorry the State had to bargain with any Wagner. JMO

9/10/21 - FOX19 - Angela Wagner

Pike County Prosecutor Rob Junk says Wagner pleaded to conspiracy to commit aggravated murder, several counts of aggravated burglary, tampering with evidence, and other charges as part of a plea deal. The remaining eight counts of aggravated murder were dismissed.

The prosecution is recommending Wagner receive 30 years with no possibility of the death penalty. As part of the plea, she has agreed to testify against the other defendants.

Thx for mentioning this detail again, being honest I’ve been a bit perplexed at the level of shock that came from the sentencing. As I’ve posted ad nauseam about this by now I won’t bore everyone else again, but not only was her sentence part of what the State themselves agreed to it was in in line with similar offenses and sentencing this same Judge has imposed before. Maybe the “shock” and surprise was more towards Jake’s sentencing, im really not sure at this point?

And if the State was already working towards dismissing the DP, im honestly not sure why Canepa and team expressed such outrage at the Judge for doing it? I also posted about another case where the Supreme Court agreed that Canepa deceived the defendant and his attorneys on a plea deal & then later tried to hold him accountable for details never mentioned in the plea agreement….knowing that history of hers I’ve just found it so ironic that she was accusing Hein of sabotaging the case & not enforcing the plea deals. Not only has other defense attorneys accused her of the very same thing, but the higher Court agreed that she did do those very things in multiple cases. I only keep harping on this because I find it so troubling (and sad) for the victims’ family and friends….they may have been blindsided by all of this and I think that’s really unfair. And it’s sad to see them react to it in real-time at the last hearing, I couldn’t help but think that they may have been unaware just how much latitude and “freedom” the Judge was going to have when it came to sentencing. Just sad, every way around. But JMOO.

 

[PrairieWind]

It is stunning that a man can plan and carryout the murder of 8 people, a family, including the mother of his child, solely for selfish reasons of custody, executions in cold blood, and get a sentence that gives him an opportunity for parole. This man showed no remorse. And some day victim's family will have to go to a parole hearing to try to keep him in prison? That is disgusting.

 

[Seattle1]

And if the State was already working towards dismissing the DP, im honestly not sure why Canepa and team expressed such outrage at the Judge for doing it?

^^rsbm

I have to say I'm perplexed by the State's reaction as well for a couple of reasons. First, the state did not act to dismiss the death penalty specifications for GW4 when he went to trial but only after the verdict (after AW/JW testified), and second, knowing the dismissal of the DP was so important to the plea agreement with JW, and only one co-defendant remaining, it doesn't follow that Special Prosecutor AC would still need to be "thinking about how to dismiss the DP" in conjunction with JW's plea agreement that was negotiated in 2022.

During the Nov 20 hearing when Judge Hein announced his decision to dismiss the death penalty specifications-- he noted he wasn't blaming the parties but that they ran out of time.

“‘We’re getting there, we’re getting there’ - it was like somebody played a record today,’” the judge told Canepa. “I’m telling you we’re not going forward with trial on a death penalty specification when the defense isn’t ready because the state is not ready. I’m not assigning fault, I’m saying the clock ran out.”

Whether or not Hein had the authority to take this action remains to be seen as the State has appealed this action by the trial court Judge.

I dunno -- maybe it's just me but I believe I would have wanted a working draft given the "unusual circumstances" cited by AC as the reason for the State's delay just as soon as I was finished prosecuting GW4! (We know the Court had been asking for the same going on four months with no results).

I just hope we don't find this next trial a situation where the State simply became too reliant on the testimony of JW for the State's case against Billy Wagner instead of using JW's evidence to support the State's own case.

What do we know about Special Prosecutor Ron O’Brien? If he's experienced with high profile, death penalty cases, perhaps he needs to to step up his role at trial given Hein's demonstrated animosity towards AC. MOO

I hope family and friends of the victims feel the warmth and support we continue to feel for them.

Pike County Massacre: Death penalty ‘dismissed’ for Billy Wagner’s upcoming trial

'I'm done waiting,' the judge said

www.fox19.com

 

[Seattle1]

We know that JW, AW have remained in incarcerated in county jails whereas GW4 was soon shipped out of state by DOC after he was sentenced-- allegedly for security reasons.

I wonder what long-term housing looks like for JW and AW? Have either complained about threats since their arrests? If GW4 had security issues, I can't imagine JW will be welcome in Ohio general pop... JMO.

ANGELA JO WAGNER​

Custody Record
Age 54
Gender Female
Race White

Custody Status Date Jan 03, 2025 12:47 PM EST
Custody Status In Custody
Custody Detail Scioto County Sheriff's Office
Book Date Jan 03, 2025 12:12 AM EST

Location
Scioto County Sheriff's Office
1025 Sixteenth Street
Portsmouth, OH 45662

VINELink

vinelink.vineapps.com

EDWARD JACOB WAGNER​

Custody Record
Age 32
Gender Male
Race White

OH: Gallia County Sheriff's Office
ID Number23**
Custody Status In Custody
Custody Detail Gallia County Jail

VINELink

vinelink.vineapps.com

 

[tuesdaysgone]

I’ve posted letters here that the Judge wrote to House committees about his support for prison alternatives, his belief in rehabilitation and the opportunities for it, etc. I believe his own words and opinions in these things - from several years ago - help explain at least some of why he made the decisions he made.

Comparing this to other homicide and violent offense cases he’s imposed sentences on only underscores that, in my opinion. I don’t believe he “supports” any of the defendants or that the sentences were some response from his anger towards Canepa, although it was clear his frustration and anger with her and I can totally see why some may think that played a role. Overall, just my opinion, but if you look at his writings and other cases, the sentences he’s imposed I’d say fall into similar areas as these ones and this wasn’t just some extreme outlier. That doesn’t make his choices for the sentences “right” (or “wrong”), but just similar to other violent cases. JMOO.

Yeah. Just like he did when he’s let out violent offenders years before their sentence was set to run until, I’d say he’s gambling with lives of people in all those instances too.

I feel especially sorry for the victims’ family who seem surprised / blindsided by his sentencing. IMOO this was almost predictable had anyone looked just a bit at his past sentences, and with all the back and forth from the State trying to get him removed for all sorts of reasons, I hoped they at least warned the family of the possibility of him doing such a thing when it came to sentencing. If not, I imagine the shock of it was even more elevated. Disappointing and sad indeed. Just MOO.

It has been said that Judge Hein was know as “ No Time Hein”. I continue to state that Judge Hein … a retired Judge….was specifically selected for this case. His history and outspoken view on prison rehabilitation was known by those who placed him on this case. IMO this is on the State of Ohio.

Governor DeWine issued a statement after GW’s sentencing “George Wagner IV will never live another day outside of prison - a sentence that’s another step towards Justice for the Rhoden’s, Gilley’s, & Manley’s. I spoke with family members this morning, commending them for their courage & their patience as they waited 6+ years for this day.” Interestingly, Governor DeWine has not made a public statement or responded to requests since the sentencing of JW & AW.

Is this Ohio’s new courtroom? Traveling retired judges with zero accountability. Judges who clearly sabotage the States case (BW- by sentencing AW & JW who had plea agreements contingent upon BW’s trial). The complete disregard for the law enforcement who worked diligently to solve this crime.

JW planned & participated in 8 m*rders… it is an outrageous miscarriage of justice. It doesn’t matter the appalling reasons Judge Heins gave -this will undoubtedly have severe repercussions for the trust & belief in Ohio’s Judicial system.

 

[sunshineray]

No, they did not. He entered an Alford plea with the stipulation that he would take the sex offender classes but not admit to a crime he didn’t commit. His plea involved charges that were not sex offenses.

Canepa tried changing the details of his plea after the fact, when she made arguments that the defendant violated his probation. When it came up to their review the higher Court believed she had deceived not just the defense attorneys, the defendant, but the original Judge when she “agreed” to the details plea. Agreeing to a lower non-sexual offense and then later on trying to revoke probation based on someone violating terms and conditions for a sexual based offense was not great, JMOO.

ETA - oh, and even after the Appellate Court admonished her for trying to revoke probation based on terms & conditions the defendant didn’t agree to, she still tried to push to get the person registered as a sex offender (of which they were convicted of no sexual based offense, so….) Supreme Court found that she had had used “highly coercive” measures to not just reach pleas but to also deceive defendants who didn’t know better. They also found that she had improper private communications with defendants without their counsel.

I wonder about the whole story and the actions of the perp. I guess it's acceptable for defense lawyers to be overly zealous enough for some to think it's lying or coercive but prosecutors are held to a higher standard in going after the law breakers...whatever their charges. JMO