WAVERLY, Ohio — George “Billy” Wagner III returned to court Monday for the first time in nearly a year, facing renewed prospects of the death penalty in the case accusing him and other family members of the execution-style slayings of eight people in rural southern Ohio nearly a decade ago.
Wagner’s attorneys announced plans to appeal a recent court ruling reinstating capital punishment as a possible sentence, a move that could further delay the trial in one of the state’s most notorious mass killings. Prosecutors and defense lawyers also discussed potential trial dates, jury selection procedures and ongoing plea negotiations during the hearing in Pike County Common Pleas Court.
The 53-year-old Wagner has pleaded not guilty to 22 charges, including eight counts of aggravated murder, in the April 2016 deaths of seven members of the Rhoden family and the fiancée of one victim. The killings, discovered across four trailer homes in Pike County about 80 miles east of Cincinnati, shocked the region and prompted Ohio’s largest homicide investigation.
Proceedings had stalled after visiting Jonathan Hein removed the death penalty specifications in late 2024 to expedite the case, citing delays and costs. Prosecutors appealed, and on Jan. 22, Ohio’s 4th District Court of Appeals ruled that the judge lacked authority to dismiss the capital charges over the state’s objections, reinstating the death penalty. The court also upheld a prior decision to move the trial out of Pike County due to extensive publicity, though a new venue has not been announced.
In Monday’s hearing, Wagner’s defense team said it intends to appeal the death penalty reinstatement to the Ohio Supreme Court within 45 days, potentially pushing back the trial by six to 12 months if the high court accepts the case. The Supreme Court hears only about 1-2% of such appeals.
On Monday, defense attorneys continued arguing to eliminate the death penalty on constitutional and humane grounds, while prosecutors noted all four Wagners initially faced capital charges. Special Prosecutor Angela Canepa said the state would act in good faith to remove the death penalty if Jake Wagner testifies truthfully against his father, but defense lawyers raised concerns about what would happen if something prevented Jake Wagner from appearing.
Both sides agreed on individual voir dire for jury selection — questioning potential jurors one at a time, as done in George Wagner IV’s trial — to explore their views on the death penalty and Ohio law.
The court also addressed outstanding motions, including whether to admit evidence of other criminal acts not directly tied to the murders, and if a jury view of the crime scenes is needed given defense stipulations to much of the evidence.
On scheduling, defense suggested an October start if the Supreme Court declines the appeal, while prosecutors favored a fall date to allow time for the court’s decision. The trial could begin in five months without further appeals.
The judge briefly went off the record to discuss plea deals, later confirming talks are underway between prosecutors and the defense, though Wagner’s team has previously indicated a plea is unlikely.
After emerging from chambers, the Judge spoke to Wagner.
“Mr. Wagner, the conversation off the record was helpful for me…,” said Judge Hein. “It gives me some idea that there discussions going on regarding plea negotiations. I’m not suggesting there ought to be one … I know that the state has had some disccussions, and there’s some counter offers (by the defense) … talk is talk, that does not mean anything is locked in.”
The Judge concluded the nearly two-hour long hearing by saying the case was “past due” from being resolved.
“My job is to get this case done, done! It’s way past due for a lot of reasons, good reasons and a lot of ones I do not understand,” Hein said.
Authorities said the victims were shot as they slept. They were identified as Christopher Rhoden Sr., 40; his ex-wife, Dana Manley Rhoden, 37; their children Hanna May Rhoden, 19, Christopher Rhoden Jr., 16, and Clarence “Frankie” Rhoden, 20; Frankie’s fiancée, Hannah Hazel Gilley, 20; Christopher Rhoden Sr.’s brother, Kenneth Rhoden, 44; and a cousin, Gary Rhoden, 38.
Prosecutors allege the killings stemmed from a custody dispute involving Wagner’s younger son, Edward “Jake” Wagner, and his 2-year-old daughter with Hanna May Rhoden. Jake Wagner, his mother Angela Wagner and older brother George Wagner IV were also charged in the case.
Jake Wagner and Angela Wagner pleaded guilty to reduced charges in 2021 and agreed to testify against the others, avoiding the death penalty. George Wagner IV was convicted on all counts after a 2022 trial in Waverly and sentenced to life in prison without parole. Billy Wagner is the last defendant to face trial.