WAVERLY, Ohio — The fate of a George Wagner IV, who along with his family was charged in the 2016 slayings of eight members of a southern Ohio family, rests in the hands of nine women and three men, all of whom are Pike County residents.
As jurors were released, and asked to report at 8:30 a.m. Wednesday to begin their deliberations, Wagner IV, 31, looked down, swallowed hard and appeared to grind his teeth. In secret, jurors will work to decide if Wagner worked with his mother, father and younger brother to plot, execute and then cover-up the shootings deaths of eight members of the Rhoden family.
The murder case, which has cost Ohio taxpayers nearly $4 million to date, stretched into 13 weeks, included the testimony of 60 witnesses and the introduction of nearly 5,000 pieces of evidence in an investigation that spanned more than six years as members of the Rhoden family patiently waited for justice.
Killed were: Christopher “Chris” Rhoden Sr., 40; Chris Rhoden’s former wife, Dana Manley Rhoden, 37; their children, Clarence “Frankie” Rhoden, 20, Hanna May Rhoden, 19, and Christopher “Chris” Rhoden Jr., 16; Frankie’s fiancee, Hannah Hazel Gilley, 20; Christopher Sr.’s brother Kenneth Rhoden, 44; and their cousin Gary Rhoden, 38.
Prosecutors alleged the motive was the custody and control of the then-toddler aged niece of Wagner IV. But in testimony, Wagner IV's mother, Angela Wagner, and younger brother, Edward "Jake" Wagner, said the family plotted the plan to kill after they had grown convinced the child had been molested by a Rhoden family member — as claim was never substantiated.
The Wagners testified against Wagner IV after each struck separate deals with prosecutors more than a year ago. Jake Wagner pleaded guilty to all counts after prosecutors agreed to drop the death penalty against him and all of his family members. Prosecutors agreed to drop aggravated murder charges against Angela Wagner, 52, for her testimony and the agreement she will serve 30 years in prison.
Wagner family patriarch George "Billy" Wagner, 51, is awaiting trial in the case, which will likely occur in 2023. He faces the same 22 counts as his eldest son.
Jurors will have decided guilt or innocence on each of those counts: eight counts of aggravated murder, conspiracy to commit aggravated murder, four counts of aggravated burglary, three counts of tampering with evidence, one count each of forgery, unauthorized use of property, interception of wire, oral or electronic communications, obstructing justice, and engaging in a pattern of corrupt activity.
Wagner IV who testified in his own defense told jurors he did not know anything about the killings before, during or after they were committed. In his closing arguments, his lawyer John Parker painted his client as the Wagner family black sheep, who struggled to get away from them and asked jurors to weigh the evidence from George's perspective.
Parker called the Wagners criminals and told the jury they could not trust the testimony of Jake and Angela Wagner.
"They are liars, con artists and thieves. Angela is an arsonist ... this woman is manipulative. ... You can't believe a word that comes out of her mouth,'' he said Tuesday. "How many times have they lied to people. You can sit down and make a list."
In his rebuttal argument, special prosecutors D. Andrew Wilson agreed that the Wagners are deplorable, calling Jake "evil" and his mother both "evil and manipulative" But he said their statements to investigators in 2021 and their testimony corroborated each other and the physical and circumstantial evidence state investigators pieced together over years.
Wilson told jurors their deliberations were like putting together a puzzle with the evidence the state provided during the last three months. They many not have every piece of the puzzle, but he argued, they have enough to clearly see the puzzle and that is akin to proof beyond a reasonable doubt.
"Over the last couple months, we have given you the evidence you need to go back and find this defendant guilty'' Wilson said.
Pike County Common Pleas Judge Randy Deering spent about four hours going over each count, instructing jurors on what Ohio laws requires to find guilt. He also told them they could ask for evidence or ask questions of the court, but they also will have to rely on their memories and any notes they took during testimony in an attempt to reach agreement.
At the end, he told them: "This case is yours to decide at this point."