GUILTY OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #60

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  • #281
Probably pertains to an inspection requirement by the DOT, a safety audit. Might mean a drug test on the driver. The website requires an account to read full pages.


What happens if a new entrant refuses a safety audit ...
https://ask.fmcsa.dot.gov › ... › Answers

Dec 5, 2014 — What happens if a new entrant refuses a safety audit? (§ 385.337) ... The refusal to permit a safety audit to be performed may result in the new entrant being placed out of service and subjected to the penalty provisions of 49 U.S.C. 521(b)(2)(A), as adjusted for inflation by 49 CFR part 386, Appendix B.


Some added detail:
A typical FMCSA safety audit will look at six aspects of a carrier’s operations:
  • Driver qualification files
  • Drug and alcohol testing records
  • Hours of service (HOS) records
  • Vehicle inspections
  • Vehicle permits and registration
  • Insurance
 
  • #282
Bullet?



This also from another post of yours @Tiff23fr :

"New Entrant Revoked - Refusal of Audit/No Contact 10-25-2016 INACTIVE"

Do you know what the audit is? Could Billy have refused an audit because he was running drugs with the truck?

I was referring to bullet number 5 on I believe it was page three.

The header states:
The following other acts evidence, in addition to acts already charged and/or alleged in the indictment, as it relates to the criminal enterprise that the Defendant and his family/CoDefendents make up, including, but not limited to the following:
 
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  • #283
Check out # 9.

https://www.websleuths.com/forums/attachments/upload_2021-4-5_15-30-18-png.291435/


Wasn't Fred's long time attorney Frank Gerlach?


Didn't Gerlach represent RN in her case? If I recall correctly, RN did NOT ask for a court-appointed attorney, meaning to me, someone else was paying for Gerlach...


I remember RN telling the court she had her electricity cut off and was living by the light of a kerosene lamp. I would think she would have requested a free public defender.


JMO, IMO, etc.
 
  • #284
Check out # 9.

https://www.websleuths.com/forums/attachments/upload_2021-4-5_15-30-18-png.291435/


Wasn't Fred's long time attorney Frank Gerlach?


Didn't Gerlach represent RN in her case? If I recall correctly, RN did NOT ask for a court-appointed attorney, meaning to me, someone else was paying for Gerlach...


I remember RN telling the court she had her electricity cut off and was living by the light of a kerosene lamp. I would think she would have requested a free public defender.


JMO, IMO, etc.
Yes on Gerlach representing RN. I am not certain if court apointed or not, but I am sure someone has that info.

"She's worked hard during her life. She's been a school teacher. She's been an over-the-road truck operator," defense attorney Frank Gerlach said.

Court docs: Suspect filed for custody of child at heart of Pike County investigation days after slayings
 
  • #285
Check out # 9.

https://www.websleuths.com/forums/attachments/upload_2021-4-5_15-30-18-png.291435/


Wasn't Fred's long time attorney Frank Gerlach?


Didn't Gerlach represent RN in her case? If I recall correctly, RN did NOT ask for a court-appointed attorney, meaning to me, someone else was paying for Gerlach...


I remember RN telling the court she had her electricity cut off and was living by the light of a kerosene lamp. I would think she would have requested a free public defender.


JMO, IMO, etc.
If all 4 accused Wagners where in jail, Then which Wagner was going to attorney office with the Witness????
 
  • #286
If all 4 accused Wagners where in jail, Then which Wagner was going to attorney office with the Witness????
I think this is reference to the grand jury prior to their arrest.
 
  • #287
  • #288
  • #289
Check out # 9.

https://www.websleuths.com/forums/attachments/upload_2021-4-5_15-30-18-png.291435/


Wasn't Fred's long time attorney Frank Gerlach?


Didn't Gerlach represent RN in her case? If I recall correctly, RN did NOT ask for a court-appointed attorney, meaning to me, someone else was paying for Gerlach...


I remember RN telling the court she had her electricity cut off and was living by the light of a kerosene lamp. I would think she would have requested a free public defender.


JMO, IMO, etc.

Frank Gerlach — Billy Wagner’s attorney at the time — reviewed his 2001 files at the newspaper’s request. Neither Gerlach’s recollection nor his records indicate a gun was held to anyone’s head.

“I would have remembered something like that,” Gerlach said, though he acknowledged he did not recall representing Billy Wagner at all until the newspaper stopped by his Portsmouth office last week. Coincidentally, Gerlach said, he currently represents Angela Wagner’s mother on allegations she helped cover up the 2016 murders and forged custody documents.

Father charged in Pike County murders had past brushes with law
 
  • #290
Yes on Gerlach representing RN. I am not certain if court apointed or not, but I am sure someone has that info.

"She's worked hard during her life. She's been a school teacher. She's been an over-the-road truck operator," defense attorney Frank Gerlach said.

Court docs: Suspect filed for custody of child at heart of Pike County investigation days after slayings

For all those civil lawsuits FW and Bob were involved with they did not use Gerlach. Then I see Gerlach come up once for Billy and it is in a criminal charge not civil.
  • 10/30/2002:
  • Action: CRIMINAL INDICTMENT
  • Attorney: GERLACH, FRANKLIN T
  • Case Judge: BOLT-MEREDITH, CASSANDRA
ENTRY FILED This matter came on for sentencing on the 17th day of April, 2002. The Defendant was present and represented the State of Ohio was present and represented. the Court finds that on the 17th day of April, 2002, the Defendant entered pleas of No Contest to Receiving Stolen Property, and was found Guilty by this Court of the following offenses: Count One - Receiving Stolen Property, 2913.51(A), M-1; Count three - Receiving Stolen Property, 2913.51(A), M-1; Count Two - Dismissed.

It is therefore ORDERED that the Defendant serve 180 days in teh Pike county Jail on each count, with 180 suspended. The Defendant shall be placed on probation for a period of 3 years with the Adult Parole Authority. Defendant is also ORDERED to pay a fine in the amount of $500.00 and to pay the costs of this action. Defendants bond

05/21/2003
REPORT AND ORDER TERMINATING PROBATION PRIOR TO ORIGINAL EXPIRATION DATE FILED

09/10/2009
Action: TAMPERING WITH EVIDENCE (Felony 3rd Degree)
  • Case Judge: DEERING, RANDY D
DISMISSED LACK OF SPEEDY TRIAL - WANT OF PROSECUTION

https://www.pikecountycpcourt.org/eservices/search.page.24.1
 
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  • #291
Frank Gerlach — Billy Wagner’s attorney at the time — reviewed his 2001 files at the newspaper’s request. Neither Gerlach’s recollection nor his records indicate a gun was held to anyone’s head.

“I would have remembered something like that,” Gerlach said, though he acknowledged he did not recall representing Billy Wagner at all until the newspaper stopped by his Portsmouth office last week. Coincidentally, Gerlach said, he currently represents Angela Wagner’s mother on allegations she helped cover up the 2016 murders and forged custody documents.

Father charged in Pike County murders had past brushes with law

I do not see this gun charge listed on the Pike Court Site.

I wonder if it was in a different jurisdiction?
I wonder if the Rocky Mountain Boot Co also ended up in another court, as well as the shoplifting from all those stores listed in your article.

Now we find out they stole gas and tractor trailers!

We are not seeing everything....Humm...o_O
 
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  • #292
I do not see this gun charge listed on the Pike Court Site.

I wonder if it was in a different jurisdiction?
I wonder if the Rocky Mountain Boot Co also ended up in another court, as well as the shoplifting from all those stores listed in your article.

Now we find out they stole gas and tractor trailers!

We are not seeing everything....Humm...o_O

Gun= Scioto County

Receiving Stolen Property= Ross County

Boots may be Athens County, that's where the boot company was... Nelsonville
 
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  • #293
  • #294
For all those civil lawsuits FW and Bob were involved with they did not use Gerlach. Then I see Gerlach come up once for Billy and it is in a criminal charge not civil.
  • 10/30/2002:
  • Action: CRIMINAL INDICTMENT
  • Attorney: GERLACH, FRANKLIN T
  • Case Judge: BOLT-MEREDITH, CASSANDRA
ENTRY FILED This matter came on for sentencing on the 17th day of April, 2002. The Defendant was present and represented the State of Ohio was present and represented. the Court finds that on the 17th day of April, 2002, the Defendant entered pleas of No Contest to Receiving Stolen Property, and was found Guilty by this Court of the following offenses: Count One - Receiving Stolen Property, 2913.51(A), M-1; Count three - Receiving Stolen Property, 2913.51(A), M-1; Count Two - Dismissed.

It is therefore ORDERED that the Defendant serve 180 days in teh Pike county Jail on each count, with 180 suspended. The Defendant shall be placed on probation for a period of 3 years with the Adult Parole Authority. Defendant is also ORDERED to pay a fine in the amount of $500.00 and to pay the costs of this action. Defendants bond

05/21/2003
REPORT AND ORDER TERMINATING PROBATION PRIOR TO ORIGINAL EXPIRATION DATE FILED

09/10/2009
Action: TAMPERING WITH EVIDENCE (Felony 3rd Degree)
  • Case Judge: DEERING, RANDY D
DISMISSED LACK OF SPEEDY TRIAL - WANT OF PROSECUTION

https://www.pikecountycpcourt.org/eservices/search.page.24.1

Interesting that Junk allowed those earlier crimes of Billy's to go unpunished. Never pursued the charges against him.

This time, the whole world is watching.
 
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  • #295
I do not see this gun charge listed on the Pike Court Site.

I wonder if it was in a different jurisdiction?
I wonder if the Rocky Mountain Boot Co also ended up in another court, as well as the shoplifting from all those stores listed in your article.

Now we find out they stole gas and tractor trailers!

We are not seeing everything....Humm...o_O

The gun charge was in Portsmouth. Shoplifting was Ross. I can’t remember where Rocky Boot was filed right at the moment.
 
  • #296
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  • #297
Did I just hear Billy's attorney state - Billy is a unique personality and a "very intelligent person"?

There goes the 7th grade education defense...
Have to LOL on this. It does negate the 7th grade education defense.
 
  • #298
Deleted
 
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  • #299
You’re Right BP the whole world is watching but after the Wagners trial is over there needs to be another trial for Mr Deering and Mr Junk, JMO
These two men has got rich off of evil ways, they are no better than FW, they are proof of what they let the whole Wagner family by with in Pike County Ohio court documents, JMO

I wouldnt say there needs to be a trial. Not sure if Judge Deering had much say if the prosecutor chose not to follow up on pressing charges.
 
  • #300
The gun charge was in Portsmouth. Shoplifting was Ross. I can’t remember where Rocky Boot was filed right at the moment.

Nelsonville over in Athens County. I edited my previous post to correct it.
 
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