No, that is not how I understand it.We have not seen Jake's plea agreement. Kanepa is clever and thorough. It probably stipulated that if the others plea, no DP. If they decide to go to trial, then DP is back on the table. Does this sound reasonable?
JMO
My understanding is that the death penalty is removed in all four cases. See links/quotes below (BBM). It is my understanding that the death penalty no longer exists for any of the W4. If the other three plead guilty, they will have LWOP. If they decide to go to trial, then JW has to testify against them.
In exchange for removal of the death penalty in all four cases, Jake confessed, pleaded guilty to 23 charges and led investigators to the weapons and vehicles used.
link: ‘Nobody expected this:’ Why a legal expert is shocked by Jake Wagner’s plea deal
Prosecutors say the deal also includes an agreement that will allow Angela Wagner, George "Billy" Wagner, and George Wagner IV to avoid the death penalty, but that means Jake Wagner will have to testify in each of their trials.
link: Jacob Wagner: What a guilty plea means for others accused in Pike County massacre