OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51

[sunshineray]

Hi, No link so JMO MOO I'm wondering if there are all locals on here who can verify whether, or not, something is happening at the W farm right now? Particularly the cemetery? Like I wrote, I have no link Opinion only... from two hours ago.
"I know it’s happening on Wagner property where the W Farm is.
Bethel Hill is where Billy & Angela lived when their house burnt, before they moved to Peterson Rd.
As of an hour ago, I heard that Rescue & Recovery were on scene...
The cemetery is out there. Maybe the elusive Shannon Miller was as killed and buried out there in someone’s grave with them!! You never can tell, but I do think maybe Georgie Boy IV is talking...
Last night there were 2 state patrol cars parked at a cemetery that is across the street from Bethel Road. They even stayed there the night. Today there were 4 cars there and an ATV. Someone asked them what they were doing and they said hanging out. A person called to try to find out and were told they were not sure what was going on. He said the cemetery is on the property of the Flying W farm. He was on 32 highway this morning and 4 vehicles came going toward union hill road. Two of the vehicles were blue and white marked/dive vehicles. There was also an unmarked helicopter in the area at one point. He said it could be connected to something with the case or it could be something else going on, he is not sure. Anyone local know anything?"

JMO

Sorry I know I'm late to this but...WHHHAAAAT!!? What is going on? One question pops to mind. Is this where the grandfather W is buried?

 

[sunshineray]

Shannon Miller was scrutinized after the murders. I understand that he used to work for Chris Sr. but he went off the grid?

He also has 11, I think, phones listed in discovery.

 

[sunshineray]

So... I don’t know much about warrants etc. If they find something... do they keep it silent until trial or do they release what they found? Also, if it implicates someone, do they arrest them right away? Do they disclose who gave them info?
If someone cracked, will we know who right away?
Sorry for so many questions...
Thanks!

I don't believe they have to do or show anything until they do arrest someone with any info gleaned from search. If any evidence is found during search against any already arrested and the prosecution wants to use that evidence, they would also have to disclose it.

 

[ColMustard]

If you're present, and don't consent to search, they have to show the warrant. Then you have to sit down and shut up.

If you're not available, they can search anyway if the warrant has been issued, some states may require the warrant to be in hand at the site. As in some crime scenes with deceased homeowners, police will wait for a warrant, then search the premises, this protects potential evidence. IMOMOO

I am not a lawyer.

 

[Ann99]

Sealed Search Warrant and Gag Order


https://www.whio.com/news/crime--la...oing-pike-county-farm/w9LqQ0MwiGSbxuvfSaaTZK/


Steve Irwin, senior public information officer for the attorney general’s office, confirmed Wednesday night the search is connected to the slayings. However, he was unable to release details regarding the focus of the search, nor whether any further arrests or charges were expected as a result.

“It’s a sealed search warrant,” he said.

There's a gag order in place which means no one involved with the case can talk about it. That means we have to relay on taking a deeper dive into court documents for new details in a case where six members of one family are accused of murdering or trying to cover up the murders of eight members of another family. News Center 7's John Bedell reports.

The Ohio State Highway Patrol, Hamilton County and city of Portsmouth Fire Department are assisting the BCI.

“We anticipate being there through tomorrow (Thursday) at least,” Irwin said.

(many additional links to older articles within this article)

 

[Loomis124]

The gag order was cited in one of the articles released today as being the reason for not much info about the ongoing search.

And the search is sealed.

 

[rsd1200]

JMO, but I bet they discovered information from AW’s illegal calls

You could be right. Although they brought them up in court, it could have been a ploy, they let them go on long enough. making their calls, to allow them to hang themselves. Let them chat awhile, then after they have what they need, put a stop to it. You know they would be pulling their phone data, unlike say a junkie, or a thief, they'd picked up.

 

[rsd1200]

OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51

Ok, that's where the info originated about possible dive teams. Could be they're going to search all of it, cemetery, ponds, etc. Who is Shannon Miller?

ETA: Here's a link to Fox 19 FB page

FOX19

That name has surfaced more than once during these past years.

 

[Loomis124]

Bruce Dailey. Might be elder/estate attorney. She cares for elderly mother, correct? So maybe to do with her need for RN's help. Just my guess.

Don't think so, according to this article. He's also barred from practicing law in Ohio.

https://www.texasbar.com/AM/Templat...ry/MemberDirectoryDetail.cfm&ContactID=226482

 

[rsd1200]

So... I don’t know much about warrants etc. If they find something... do they keep it silent until trial or do they release what they found? Also, if it implicates someone, do they arrest them right away? Do they disclose who gave them info?
If someone cracked, will we know who right away?
Sorry for so many questions...
Thanks!

It may be according to what it is. The last search they kept quiet but they told us about finding the silencer. Other searches we didn't learn of what they found but, the silencer was a major boon to the case.

 

[Rutledge203]

This new search has awaken news outlets. I'm glad that is happening. There is a renewed interest.
My opinion is that this must be significant.
A lot of agencies are contributing. Fire, Dive, and BCI.
I'm anxious to hear about the why and what.
SM seemed to disappear into the air since right after the massacre. I don't assume this is the reason. Just a footnote to the mystery unfolding.
This is my 2 cents I wanted to express.

 

[Rutledge203]

It may be according to what it is. The last search they kept quiet but they told us about finding the silencer. Other searches we didn't learn of what they found but, the silencer was a major boon to the case.

We really didn't hear about the last "piece" of the puzzle until the press conference after the Arrests almost a year ago.

 

[almond]

If you're present, and don't consent to search, they have to show the warrant. Then you have to sit down and shut up.

If you're not available, they can search anyway if the warrant has been issued, some states may require the warrant to be in hand at the site. As in some crime scenes with deceased homeowners, police will wait for a warrant, then search the premises, this protects potential evidence. IMOMOO

I am not a lawyer.

Thank you.

 

[Betty P]

Here's relevant info from Ohio Revised Code

Lawriter - ORC - 2933.23 Search warrant affidavit.

2933.23 Search warrant affidavit.


A search warrant shall not be issued until there is filed with the judge or magistrate an affidavit that particularly describes the place to be searched, names or describes the person to be searched, and names or describes the property to be searched for and seized; that states substantially the offense in relation to the property and that the affiant believes and has good cause to believe that the property is concealed at the place or on the person; and that states the facts upon which the affiant's belief is based. The judge or magistrate may demand other and further evidence before issuing the warrant. If the judge or magistrate is satisfied that grounds for the issuance of the warrant exist or that there is probable cause to believe that they exist, he shall issue the warrant, identifying in it the property and naming or describing the person or place to be searched.

A search warrant issued pursuant to this chapter or Criminal Rule 41 also may contain a provision waiving the statutory precondition for nonconsensual entry, as described in division (C) of section 2933.231 of the Revised Code, if the requirements of that section are satisfied.

Looks like a judge can determine whether consent or advance notice by LE is needed, based on circumstances.

 

[almond]

Here's relevant info from Ohio Revised Code

Lawriter - ORC - 2933.23 Search warrant affidavit.

2933.23 Search warrant affidavit.


A search warrant shall not be issued until there is filed with the judge or magistrate an affidavit that particularly describes the place to be searched, names or describes the person to be searched, and names or describes the property to be searched for and seized; that states substantially the offense in relation to the property and that the affiant believes and has good cause to believe that the property is concealed at the place or on the person; and that states the facts upon which the affiant's belief is based. The judge or magistrate may demand other and further evidence before issuing the warrant. If the judge or magistrate is satisfied that grounds for the issuance of the warrant exist or that there is probable cause to believe that they exist, he shall issue the warrant, identifying in it the property and naming or describing the person or place to be searched.

A search warrant issued pursuant to this chapter or Criminal Rule 41 also may contain a provision waiving the statutory precondition for nonconsensual entry, as described in division (C) of section 2933.231 of the Revised Code, if the requirements of that section are satisfied.

Looks like a judge can determine whether consent or advance notice by LE is needed, based on circumstances.

Thank you, Betty. I would love to be a fly on someones wall right now.

 

[Loomis124]

Don't think so, according to this article. He's also barred from practicing law in Ohio.

https://www.texasbar.com/AM/Templat...ry/MemberDirectoryDetail.cfm&ContactID=226482

Also barred from practicing in Texas.

 

[Betty P]

Thank you, Betty. I would love to be a fly on someones wall right now.

Most likely the defense attorneys are out there, or at least have been periodically.

If I were her, I would just sell that place off and get a condo in FL or something.

 

[almond]

Also barred from practicing in Texas.

Do you know when he was barred from practicing in Ohio, Loomis? The enclosed link has him still active in Ohio as of a year ago.
https://www.avvo.com/attorneys/45690-oh-bruce-dailey-44346.html

 

[Merrygirl]

Here's the Ohio Revised Code references from the charges - ORC 2913.31

Lawriter - ORC - 2913.31 Forgery - Forging identification cards or selling or distributing forged identification cards.



BBM

The Ohio Revised Code doesn't say anything about documents needing to be filed in court or official in any capacity to be considered a forgery. Just like someone creating a fake ID or driver's license with a forged signature - it doesn't have to be filed with the BMV for the forger to be charged. They just have to have the fake ID and be proven to have forged it and the signature on it.

It's no big deal overall, but it doesn't sound like the state has to demonstrate the forged documents were filed with the government in order to bring forgery charges. It will certainly help the prosecutions case even more if they did file those forged documents.

ETA: This link states that in most states, forgery or fraud require the act to be done with the intent to commit fraud or larceny.

Forgery - FindLaw

So, yes, the state has enough evidence to prove the forgeries were done with that intent - to commit fraud. JMO

https://www.ohioattorneygeneral.gov...ecutions/PikeCountyAdditionalIndictments.aspx

BBM, I mostly agree with your opinion but I believe the forged document has to be presented in a manner to someone that it is an original. It doesn’t necessarily need to be recorded as an authentic original, but must be offered, stated or presented to be an original to the receiver of the document for it to be considered forgery. Fake IDs are not recorded but are exhibited to another as an authentic ID. JMOO

ETA: If the document is not presented to be authentic then there is no criminal intent.

 

[Loomis124]

Do you know when he was barred from practicing in Ohio, Loomis? The enclosed link has him still active in Ohio as of a year ago.
https://www.avvo.com/attorneys/45690-oh-bruce-dailey-44346.html

It wont let me post the link, but you can Google Bruce Russell Dailey, Supreme Court of Ohio Administrative actions November 5, 2019. Scroll down to Pike county.

Also this link is interesting

Dailey v. Uhrig