OH - Pike Co, 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #69

[Covert Operative]

07/27/2022

MOTION NO. 98 MOTION TO EXCUSE JUROR D67 AS DISQUALIFIED FOR JURY DUTY FILED Attorney: NASH, JR, RICHARD M

 

[LMDlong]

MO
I believe you are correct. I don’t think Defense found enough jurors to their liking.
Also, it seems as if there may not be enough potential jurors actually showing up to choose from. Wonder why.

I’m not sure about this, but it is logical to me. MO

I don’t think they will be able to seat a jury in Pike County.

Imo I think the defense will try their best to not be satisfied with jurors to drag this out longer.

 

[LMDlong]

You are good at getting the Motions. If there is any way at all for you or anyone to get this Motion please post it.

This is confusing me. What does VENIRE mean in this context? They want to get rid of the jury list?

Defense must hate what they are hearing from the jurors, George is toast in Pike County, probably most , like us, see he is guilty. My opinion, to me anyway, it's obvious he is guilty of murder.

venire​

(ven-eer-ay) n. the list from which jurors may be selected. (See: jury, panel)

Venire

Definition of Venire in the Legal Dictionary by The Free Dictionary

legal-dictionary.thefreedictionary.com

does anyone know if a hearing be held about this motion ?

 

[altojack]

Imo I think the defense will try their best to not be satisfied with jurors to drag this out longer.

I was thinking the same thing. How much longer can Defense keep on with their desperate motions.

I've been missing due to health issues but I'm back and up to date. Can't wait to get the action started.

 

[Puzzles8]

I was thinking the same thing. How much longer can Defense keep on with their desperate motions.

I've been missing due to health issues but I'm back and up to date. Can't wait to get the action started.

Glad to see you back and healthy!

 

[altojack]

Glad to see you back and healthy!

Thank you Puzzles.

 

[Caylee Advocate]

I was thinking the same thing. How much longer can Defense keep on with their desperate motions.

I've been missing due to health issues but I'm back and up to date. Can't wait to get the action started.

Glad to see you feeling better, now keep it up.

I was thinking the same thing. How much longer can Defense keep on with their desperate motions.

I've been missing due to health issues but I'm back and up to date. Can't wait to get the action started.

 

[ohioexpat63]

The defense is going to throw everything at the wall in hopes something sticks. Imo, itll have no bearing on the end result, LWOP. They lay the ground work for possible appeals knowing these frivolous motions are dead on arrival. Jmo. Normal ops in a case like this.

 

[ohioexpat63]

If you cant attack the truth attack the process

 

[Piffcat]

I bet little georgie is feeling the heat now. A sinking terrorized state when his future confinement changes from abstract to brass tax. Won't be too much longer until he'll be holding his breath in fear while the Forman announces tge end of his life outside of prison. It's not half what he deserves tho. Georgie can only tread water so long. He's made a grave miscalculation after jakes deal he should have got in line. He doesn't have ANY redeeming qualities any juror will despise him and his whole family. But an evil of this magnitude and a defendent lacking any regret is going to result in gergies just desserts. May get him on death row just yet. He should get the immersive Wagner butcher experience. Tick tock georgie. Tick tock

 

[Cool Cats]

I bet little georgie is feeling the heat now. A sinking terrorized state when his future confinement changes from abstract to brass tax. Won't be too much longer until he'll be holding his breath in fear while the Forman announces tge end of his life outside of prison. It's not half what he deserves tho. Georgie can only tread water so long. He's made a grave miscalculation after jakes deal he should have got in line. He doesn't have ANY redeeming qualities any juror will despise him and his whole family. But an evil of this magnitude and a defendent lacking any regret is going to result in gergies just desserts. May get him on death row just yet. He should get the immersive Wagner butcher experience. Tick tock georgie. Tick tock

Racking up so many felonies my wrist gets tired typing them:

COUNT 1 - AGGRAVATED MURDER
COUNT 2 - AGGRAVATED MURDER
COUNT 3 - AGGRAVATED MURDER
COUNT 4 - AGGRAVATED MURDER
COUNT 5 - AGGRAVATED MURDER
COUNT 6 - AGGRAVATED MURDER
COUNT 7 - AGGRAVATED MURDER
COUNT 8 - AGGRAVATED MURDER
COUNT 9 - CONSPIRACY - On or around January 1st 2016 until November 12th 2018
COUNT 10 - AGGRAVATED BURGLARY SPECIFICATION 1,2,3
COUNT 11 - AGGRAVATED BURGLARY SPECIFICATION 1,2,3
COUNT 12 - AGGRAVATED BURGLARY SPECIFICATION 1,2,3
COUNT 13 - AGGRAVATED BURGLARY SPECIFICATION 1,2,3
COUNT 14 - UNLAWFUL POSSESSION OF DANGEROUS ORDNANCE - Suppressor
COUNT 15 - TAMPERING WITH EVIDENCE - Items belonging to the victims,
Phones, Cameras
COUNT 16 - TAMPERING WITH EVIDENCE - Custody Documents
COUNT 17 - TAMPERING WITH EVIDENCE - Silencer, Shell Casings, Parts of Hone Security System
COUNT 18 - FORGERY - Custody Documents
COUNT 19 - UNAUTHORIZED USE OF PROPERTY - Cable and Computer Systems, Telecommunications Service, Social Media Accounts
COUNT 20 - INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS - Facebook, and as a side note, remember they bought phone jammers
COUNT 21- OBSTRUCTING JUSTICE - Did destroy or conceal physical evidence, or induce any person to withhold evidence, and/or did communicate false information to any person
COUNT 22 - ENGAGING IN A PATTERN OF CORRUPT ACTIVITY SPECIFICATION 1,2,3 - Did conduct or participate in, directly, or indirectly, the affairs of the enterprise, through a pattern of corrupt activity

The feeling of relief when he is sentenced to LWOP....... WOW ... !

@pittsburghgirl said:

It's worth looking at this part of the definition of aggravated murder in Ohio: "No person shall purposely, and with prior calculation and design, cause the death of another...". That definition is not about whether the defendant did the shooting, but "purposely, and with prior calculation and design, cause the death of another." That's going to include involvement in any aspect of the crime and its planning. So if (for a minimal example) G4 blocked the cell signals or sabotaged the security cameras, that's part of "causing the deaths" of 8 people.

Section 2903.01 - Ohio Revised Code | Ohio Laws

codes.ohio.gov

 

[Cool Cats]

Racking up so many felonies my wrist gets tired typing them:

COUNT 1 - AGGRAVATED MURDER
COUNT 2 - AGGRAVATED MURDER
COUNT 3 - AGGRAVATED MURDER
COUNT 4 - AGGRAVATED MURDER
COUNT 5 - AGGRAVATED MURDER
COUNT 6 - AGGRAVATED MURDER
COUNT 7 - AGGRAVATED MURDER
COUNT 8 - AGGRAVATED MURDER
COUNT 9 - CONSPIRACY - On or around January 1st 2016 until November 12th 2018
COUNT 10 - AGGRAVATED BURGLARY SPECIFICATION 1,2,3
COUNT 11 - AGGRAVATED BURGLARY SPECIFICATION 1,2,3
COUNT 12 - AGGRAVATED BURGLARY SPECIFICATION 1,2,3
COUNT 13 - AGGRAVATED BURGLARY SPECIFICATION 1,2,3
COUNT 14 - UNLAWFUL POSSESSION OF DANGEROUS ORDNANCE - Suppressor
COUNT 15 - TAMPERING WITH EVIDENCE - Items belonging to the victims,
Phones, Cameras
COUNT 16 - TAMPERING WITH EVIDENCE - Custody Documents
COUNT 17 - TAMPERING WITH EVIDENCE - Silencer, Shell Casings, Parts of Hone Security System
COUNT 18 - FORGERY - Custody Documents
COUNT 19 - UNAUTHORIZED USE OF PROPERTY - Cable and Computer Systems, Telecommunications Service, Social Media Accounts
COUNT 20 - INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS - Facebook, and as a side note, remember they bought phone jammers
COUNT 21- OBSTRUCTING JUSTICE - Did destroy or conceal physical evidence, or induce any person to withhold evidence, and/or did communicate false information to any person
COUNT 22 - ENGAGING IN A PATTERN OF CORRUPT ACTIVITY SPECIFICATION 1,2,3 - Did conduct or participate in, directly, or indirectly, the affairs of the enterprise, through a pattern of corrupt activity

The feeling of relief when he is sentenced to LWOP....... WOW ... !

@pittsburghgirl said:

It's worth looking at this part of the definition of aggravated murder in Ohio: "No person shall purposely, and with prior calculation and design, cause the death of another...". That definition is not about whether the defendant did the shooting, but "purposely, and with prior calculation and design, cause the death of another." That's going to include involvement in any aspect of the crime and its planning. So if (for a minimal example) G4 blocked the cell signals or sabotaged the security cameras, that's part of "causing the deaths" of 8 people.

Section 2903.01 - Ohio Revised Code | Ohio Laws

codes.ohio.gov

I want to add something. There are 2 Counts that involve the custody documents. One is Forgery which is pretty obvious:

Count 18 Forgery:

Forge any writing to wit: custody documents, without the other person's authority and/or did forge any writing, to wit: custody documents without the other person's consent so it purports to be genuine when it actually is spurious, or to be the act of another who did not authorize that act, or to have been executed at a time or place or with terms different from what in fact was the case, or to be the copy of an original when no such original exists.

But also Count 16 Tampering With Evidence is relating to the custody documents:

Knowing it to be false and with purpose to mislead a public official who is or may be engaged in such proceeding or investigation, or with purpose to corrupt the outcome of any such proceeding or investigation.

There are 2 Tampering With Evidence charges. As I mentioned, the other one is Count 17, it involves the Silencer, Shell Casings, Parts of Home Security System.

Point is:

This will be a complicated trial, there are 14 other charges besides the 8 aggravated murder charges. That dedicated jury will have 22 Counts to decide on. A huge undertaking.

How many guilty verdicts will there be? Be interesting to find out.

Section 2923.11 - Ohio Revised Code | Ohio Laws "Dangerous ordnance" means any of the...
(5) Any firearm muffler or suppressor;

 

[Covert Operative]

New Article by Chris Graves. Some may be able to read it without a subscription.
https://www.washingtonpost.com/nati...JIKdtRCh61xELJkvy-qkV0dRcNe9qtjEmAJY4AvQWs2YE

 

[Ann99]

New Article by Chris Graves. Some may be able to read it without a subscription.
https://www.washingtonpost.com/nati...JIKdtRCh61xELJkvy-qkV0dRcNe9qtjEmAJY4AvQWs2YE

Good article with a few small bits of new information.
Here’s an example:

“They each had a role to play,” Canepa said. She alleges the following:

• The sons had fired weapons under various scenarios to test whether shots could be heard

 

[Covert Operative]

Good article with a few small bits of new information.
Here’s an example:

“They each had a role to play,” Canepa said. She alleges the following:

• The sons had fired weapons under various scenarios to test whether shots could be heard

There were six searches on the Peterson Road property and LE found 3 guns on the property. Obviously not "the" guns used, but that part was still interesting.

 

[Covert Operative]

Good article with a few small bits of new information.
Here’s an example:

“They each had a role to play,” Canepa said. She alleges the following:

• The sons had fired weapons under various scenarios to test whether shots could be heard

I did hear that said in court, I with they had elaborated on it.

 

[Ann99]

There were six searches on the Peterson Road property and LE found 3 guns on the property. Obviously not "the" guns used, but that part was still interesting.

” Investigators also cut down trees and hauled away sections with bullet fragments in them.”

I am anxious to hear exactly where those 3 guns were hidden on Peterson property. My bet is inside big old trees.

 

[Cool Cats]

Good article with a few small bits of new information.
Here’s an example:

“They each had a role to play,” Canepa said. She alleges the following:

• The sons had fired weapons under various scenarios to test whether shots could be heard

Some highlights from article - long article - not full article:

“They each had a role to play,” Canepa said. She alleges the following:

• Angela Wagner bought athletic shoes from Walmart for her sons to wear on the night of the killings. The shoes, which prosecutors allege left bloody footprints at one of the crime scenes, were bought the month of the homicides.
• George Wagner bought the “murder truck,” which was to be used only that night in an attempt to avoid detection.
• Jake and George Wagner hid in the truck together when their father went to the home of Chris Rhoden Sr. — the first victim — on the night of the killings on a ruse to involve Rhoden in a lucrative drug deal.
• The sons had fired weapons under various scenarios to test whether shots could be heard.
• Jake Wagner bought a silencer in March 2016 and bought parts to build silencers.

“It was all for one and one for all,” Canepa said.

According to Canepa, Jake Wagner corroborated the evidence investigators had gathered in the case. He also led investigators to the guns used in the killings and the truck the prosecutor alleged his brother bought solely to be used the night of the killings.

Although Billy Wagner’s trial is tentatively set for October, authorities have said they do not expect it to begin until 2023.

Parker said in a motion that Jake Wagner “clearly stated that George did not shoot anybody … was not supposed to go with Jake and Billy on this murder spree, and only went at the last second to protect Jake from Billy, who it was thought might kill Jake at the end of the series of aggravated murders.”

Ohio law holds, however, that someone involved in a conspiracy to commit murder is as guilty as the person who actually carries out the killing.

“Even if he didn’t pull the trigger, even if he were not there, he can still be convicted on a complicity theory or an accessory theory,” Allen said.

George Wagner’s attorneys contend that their client should not be tried on the basis of his family’s past.

“A large part of the state’s argument we anticipate is: ‘He’s a Wagner, and this is how the Wagners operate,’ ” Parker said. “The jury needs to understand the basic premise of our criminal justice system is as follows: Our law punishes people for what they do, not [for] who they are, and so the jury will need to focus their attention on what the evidence proves that George did or didn’t do.”

Parker continued in court: “And he can’t be convicted on what his other family members may have done, or may have testified about.”

Deering approved a prosecution motion to allow jurors to view other properties that police repeatedly scoured for evidence, including a farmhouse in Peebles, Ohio, where the Wagners lived and where they allegedly voted to kill the Rhodens.

That was news to the new owner, Dwayne DeWeese, 53, who bought the 71½-acre property in 2017, just before the Wagners moved to Alaska.
It’s not the first time he has been surprised.

DeWeese said that he and his wife, Kim, were set to unload their first trailer of household goods on May 10, 2017, when hundreds of police officers swarmed the area with four-wheelers, metal detectors and a search warrant that included a long list of items that investigators were seeking: firearms, bullets, burglary tools, soil samples, vehicle tire impressions, electronic devices, and illegal drugs including marijuana, pharmaceuticals, heroin, cocaine, MDMA — also called ecstasy — and any evidence of drug trafficking.

That was the first of six searches at his property; the last was in the spring of 2021. DeWeese said investigators took at least three guns, bullet fragments and casings from a wooded area behind the house where, he said police told him, the Wagners practiced shooting. Investigators also cut down trees and hauled away sections with bullet fragments in them.

DeWeese said investigators searched a pond on the property, looked in two cisterns — emptying one — and told him they found parts of a homemade gun silencer during one search. He also said they dug holes and left metal fragments all over the property and never put anything back the way they found it.
“The first few times they were here, they were looking for the guns,” said DeWeese, who is fed up with the police, the onlookers and the attention. “They said they thought those guns were buried here.”

 

[Lilibet]

New Article by Chris Graves. Some may be able to read it without a subscription.
https://www.washingtonpost.com/nati...JIKdtRCh61xELJkvy-qkV0dRcNe9qtjEmAJY4AvQWs2YE

Here is a gift link to the excellent article for those without a subscription.

https://wapo.st/3Buuvrp

 

[UnDiluted7]

The defense is going to throw everything at the wall in hopes something sticks. Imo, itll have no bearing on the end result, LWOP. They lay the ground work for possible appeals knowing these frivolous motions are dead on arrival. Jmo. Normal ops in a case like this.

100% this. If the defense wasn't throwing up every single hail mary motion available to them they'd be absolutely copping it about not putting up a valid defense for their clients.