WAVERLY, Ohio — The third day of George Washington Wagner IV’s trial in Pike County was pretty much Deja Vu for the jury. The day was filled with law enforcement taking the stand who responded to the crime scenes. The questions that were asked today were very similar to the same ones asked yesterday; what did they see when they arrived on the scene, what did they do when they were there, did they see any dead bodies, and what type of shoes were they wearing?
Just like every other day of the trial, the judge banned cameras and audio from the courtroom for most of the day, including when the county’s elected Sheriff Tracy D. Evans took the stand. And, just like the second day, not once was the defendant’s name mentioned in a trial that is all about him; not by the prosecutors, not by the defense, and not by the witnesses.
HERE ARE THE FAST FACTS:
DEPUTY ADAM BALL:
Lieutenant Adam Ball from the Pike County Sheriff’s office was the state’s first witness of the third day. He chose not to be filmed or audio recorded. He was a deputy at the time and later became in charge of the county Sheriff’s evidence room. Ball talked about how he responded to the scenes on Union Hill Road and declared some of the victims dead. He talked about checking the vitals of Dana Rhoden and others.
Prosecutors showed evidence photos that involved pictures of the dead bodies in various scenes. During the showing of these photos, several members of the jury teared up, especially when photos of teenage victim Chris Rhoden Jr. were shown; he was shot while he slept in his bed, as were many of the victims.
And, of course, Ball was asked about what kind of shoe he was wearing the day the bodies were found. As the Guardian has previously reported, the state has asked this question of every witness because it is expected a bloody shoeprint belonging to one of the suspects will be introduced as evidence later.
The defense did not do much cross-examination of Ball other than asking him questions about the addresses of the homes, and he was let off the stand after an hour.
OFFICER MORGAN MUSIC:
Just like Ball, then-Pike County Deputy Morgan Music chose not to be recorded and was asked the same line of questions. He told the jury how he responded to the scene after being dispatched on “an assault.” He said he was sent around 7:30 a.m. and worked until around 2 a.m. helping process the scenes.
He told the jury he was wearing department-issued boots and helped guard the scene until more units arrived. He mentioned how he consoled members of the family and helped with an infant who was found alive at one of the scenes. He handed the child off to EMS and took a witness to the Sheriff’s office before returning to the scenes to help process until clocking out after midnight. He said for the following two months he worked 12-hour shifts to guard the house trailers until they were hauled off to a secured lot for safekeeping.
SHERIFF TRACY D. EVANS:
Despite being the top law enforcement officer of the county who is elected by the people, Sheriff Tracy D. Evans chose not to be filmed, recorded, or photographed on the stand. When the killings happened he worked for then-Sheriff Charlie S. Reader as a major and oversaw felony investigations.
Evans talked about how he was home when the call came into dispatch for “a code 8” over the radio, which means assault. He said that dispatch also said that there “was a woman screaming in the background.” He told the jury that because he felt deputies might need help, he responded to the scene.
Once he got there he arrived at Frankie Rhoden’s and he was informed there were several deceased victims spanning various scenes. At one point, Evans told the jury he and another deputy took family member Bobby Jo Manley to another scene “down the road where more bodies were.” This was the home of Dana Rhoden, where Dana, Chris Jr., and Hanna May were found.
Evans said he lifted the blanket and pillow off of Dana’s body and saw she had been shot in the head. He also said he saw Chris Jr. had been shot in the head and was deceased. Evans told the state he was in charge of getting search warrants for the properties until BCI agents arrived. According to the now-Sheriff, he worked with Prosecutor Rob Junk’s office to prepare the warrants.
Later at night, Evans received a call that his own family had a private family emergency and he left the scenes. He testified that after that point forward, he had nothing to do with the investigation.
Evans was asked in the hallway by media pool reporter Mike Schell of FOX19 why he chose not to have his testimony broadcast since he was the elected Sheriff. Evans responded, “I have no comment on that” and walked away.
MAJOR TIM DICKERSON:
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Pike County Sheriff Major Tim Dickerson testified very similarly to Sheriff Evans. There was not much new information he offered other than when things got heated on cross-examination.
Defense counsel Richard Nash drilled Dickerson on where Dana Rhoden’s home was located; was it in Pike, Adams, or Scioto County? When Dickerson answered Pike at first, the lawyer quipped back and the two got into a heated exchange. It is believed that the defense is trying to make an argument for proper venue because Dana Rhoden’s house was alleged to be in another county. Under Ohio law, however, if a “string of crimes” connected together happens in multiple counties, any of the one counties may opt to take lead, but the defense seemed to be honing in on the validity of Pike County getting search warrants for a house in another county, which is an entirely different law.
OFFICER GARY “MIKE” MOSLEY:
Piketon Police Department Officer Gary “Mike” Mosley opted to have his audio-only streamed in the court. He was called to the scenes the day of the homicides to assist the Pike County Sheriff’s Office.
He testified that he was called to “a shots call” where someone had been shot. He said Deputy John Chandler was the only deputy being dispatched to the scene so when Mosley heard the seriousness of the call, he asked Pike County Dispatch if they needed assistance at the scene. Mosley said dispatch asked for all hands on deck and with that, he responded to the scene from Piketon.
The state asked a series of questions about the layout of the properties, and Mosley broke down how he “swept” the homes for any more victims or suspects, with his gun drawn. He did not find anyone else alive other than the children and he found no suspects.
On cross-examination, he was asked about sweeping the properties at gunpoint and that was about it.
On redirect by the state, special prosecutor Andy Wilson wanted to clarify some things about clearing the properties at gunpoint. After about an hour or so, Mosley was released from the stand.
EMS RESPONDER MIRANDA CABLE:
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Miranda Cable testified that she was working as EMS on the day of the homicides. She said she was a paramedic and was called to the scenes. Cable said she thought she was responding to a “possible domestic violence” and that “someone may or may not have been dead on scene.”
Once she was on the scene she testified she found another EMS worker removing a baby from a house trailer. She asked if he needed any help and the other EMS worker said “not at this time.” Cable said she ended up staging with her partner in the area until law enforcement called them back to the scene.
Once at the scene, she was asked to take a second child, a six-month-old baby to the hospital.
“He had blood on his hands, his head, and various parts of his body,” she said. Cable said that the blood did not appear to be from the child. “The social service workers were concerned because he was found between his parents that he had a ruptured ear drum due to a loud noise.”
The defense did not cross. Court was dismissed at 4:26 p.m. and will resume Thursday at 9 a.m.