Judge Jonathan Hein unexpectedly attempted to remove defendant George “Billy” Wagner III’s death sentence from consideration during pretrial proceedings for the 2016 Pike County massacre. The prosecution’s plan has been completely upended by this ruling. Prosecutors are upset with Hein’s revelation, according to Cincinnati.com. Special Prosecutor Angela Canepa questioned the judge’s motivations, asking, “Why are you trying to sabotage this case?”
The fact that Hein may decide to sentence Jake and Angela Wagner, two more family members, before Billy’s trial even starts further complicates the well-known murder case. According to WLWT, this action would effectively absolve Jake and Angela Wagner of their duty to testify against Billy Wagner, which was a crucial part of their plea agreements that had also conditionally spared them from the death penalty. Hein has threatened to permanently remove the death penalty from the proceedings if lawyers do not reach a consensus on the matter by Monday.
The lawsuit centers on the horrific murders of eight Rhoden family members in April 2016. In what has been called one of Ohio’s most horrifying murder cases, Wagner, his wife, and their two boys are all charged. Canepa emphasized the gravity of the situation in her frustrated exchange with Hein, citing sworn testimony that implicates Billy at the scene and holds him directly accountable for multiple fatalities. Canepa emphasized in the hearing, “We have got the testimony, sworn testimony of his two co-defendants that he participated in personally killed three people,” according to WLWT News.
The unusualness of Hein’s action was underlined by Ron O’Brien, a former Franklin County prosecutor who is also a member of the prosecution team.WCPOquoted O’Brienas saying, “I think the court properly can and should set a deadline if the court wants to set a deadline, but I have never seen death penalty specifications dismissed absent the state making the request, or the defense making the request.” Subject to the deadline Hein has set for Monday, the Wagner family currently awaits their fates, the threat of the death penalty beginning to wane.
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