Judge denies motion to dismiss death specifications against Pike County massacre suspect George Wagner IV
Wagner's attorney argued Jake Wagner's confession is proof his client never pulled a trigger
Wagner's attorney argued Jake Wagner's confession is proof his client never pulled a trigger
Wagner's attorney argued Jake Wagner's confession is proof his client never pulled a trigger
Pike County Common Pleas Judge Randy Deering heard an impassioned plea from George Wagner's attorney who said his client never pulled a trigger on the night eight members of the Rhoden family were killed, execution-style.
"The state made a deal with the devil, basically," said attorney John Parker, who's representing Wagner.
Parking was talking about Wagner's younger brother, Jake.
"He's the person that is most responsible for this," Parker said. "He's the actual killer. He's the actual shooter. He's the one that snuck into these homes in the middle of the night and shot the victims in the head, alright. Our client didn't shoot anybody."
Citing Jake Wagner's confession, Parker asked Deering to remove eight counts of murder George Wagner has faced since he, his brother and their parents, Billy and Angela, were arrested two years ago.
As part of the plea deal, Jake Wagner reached with prosecutors, neither he nor his brother or their parents will face the death penalty as long as Jake testifies in court.
Angela Wagner has also pleaded guilty after confessing to certain crimes, but not murder, in connection with the Rhoden family massacre in 2016.
"I know he says we made a deal with the devil," Special Prosecutor Angie Canepa said. "Unfortunately, there's more than one devil in this case. And that is all four of the individuals who are charged in this matter."
Canepa argued the murder charges and death penalty specifications against George Wagner should remain until Jake Wagner testifies on the record in the courtroom.
"We are not stipulating that George did not shoot anybody because we don't know that," she said. "We are simply stipulating, according to Jake's proffer, George did not shoot anybody. And I think that's an important distinction."
Deering ended up denying the defense motion filed by George Wagner's attorneys.
Canepa also said in court Wednesday that all four suspects were offered the same chance to negotiate a deal, if they agreed to tell prosecutors what happened the night of the massacre.