WAVERLY, Ohio — In a significant development in the Pike County massacre case, prosecutors have appealed the death penalty in Billy Wagner’s trial.
Brooke LaValley/Columbus Dispatch
Special Prosecutor Angela Canepa has appealed to the Ohio Court of Appeals to overturn Judge Jonathan Hein’s decision to eliminate the death penalty for Billy Wagner. This appeal threatens to delay Wagner’s trial, initially set for January 6 at an undisclosed location yet to be determined outside of Pike County.
The appeal challenges Hein’s November 27 ruling that removed capital punishment as an option for Wagner, who faces charges for the 2016 murders of eight members of the Rhoden family.
According to filings, Canepa’s appeal asserts that the trial cannot proceed until the appeals court provides a ruling on whether the death penalty can be dismissed. She is asking for it to be reinstated, saying that plea deals hang in the balance.
Canepa argues against the pre-trial removal of the death penalty, emphasizing her prior agreement to drop this penalty only after Jake Wagner, Billy’s son, testifies against him. She aims to keep this agreement intact. In response, on Tuesday, Judge Hein indicated he would reconsider his stance on the death penalty. However, he also clarified that until the appeals court rules on Canepa’s appeal, the trial scheduled for January 6 cannot move forward. The timeline for the appeals court’s decision remains unknown.
This legal challenge follows a period of intense court activity, with several related hearings scheduled for mid-December, including the sentencing of Jake Wagner and his mother, Angela Wagner.
Canepa’s move to appeal shows the ongoing discord between her and Judge Hein, particularly after she accused him of undermining the prosecution in earlier hearings. The resolution of this appeal could have effects on the prosecution’s strategy and implications of the case, one of Ohio’s most high-profile criminal trials in recent years.