WAVERLY, Ohio — The trial date for Billy Wagner, accused in the 2016 Pike County massacre where eight members of the Rhoden family were killed, is set for January. However, recent developments at a pre-trial hearing have thrown the case into uncertainty.
Presiding over the trial is Judge Jonathan Hein, the third judge in this case due to the retirement of the previous judges due to age. During what was anticipated to be a routine hearing regarding Wagner’s second request for a change of venue, Hein made unexpected announcements that could alter the course of the trial significantly.
Judge Hein declared his intention to dismiss the death penalty specification, a move that drew sharp criticism from Prosecutor Angie Canepa. “Why are you trying to sabotage this case?” Canepa exclaimed in court. Hein responded, “I’m not.” The exchange escalated with Canepa insisting, “Yes, you absolutely are.”
WATCH THE DRAMA:
The backdrop to this tension includes plea agreements made with Jake and Angela Wagner. Jake Wagner, who admitted to killing five of the Rhoden family members, agreed to life without parole, while Angela Wagner, who played a role in the conspiracy, agreed to 33 years in their plea deals. Both deals were contingent on their testimony against Billy Wagner, with the death penalty hanging over their heads if they did not testify “to the satisfaction of the prosecution.”
However, Hein’s latest decision could upend these plea deals. He plans to sentence Jake and Angela Wagner before Billy Wagner’s trial, which could nullify their agreements and potentially reinstate the death penalty for them.
Hein justified his proactive stance by stating, “In my impatience, I’m going to lead. And that’s how I’m going to lead.”
The judge’s comments on the death penalty have not been formally entered into the record yet. He has given both legal teams until Monday to reach an agreement on this issue. If no consensus is reached, Hein’s decisions might stand, potentially reshaping the legal strategies for this high-profile case.
The defense had sought a change of venue, citing extensive local media coverage and community sentiment, but this request remains undecided. Meanwhile, the courtroom drama continues to unfold, with the judge’s actions potentially setting a new precedent in how such cases are handled.