The Ohio Constitution prohibits the ordeal that the defendant has endured and must continue to endure as he fights for his life.” Yet the State insists through its public filings that he did so. “In addition, how fair can it be to force the taxpayers to pay for the preparation and presentation of a capital case under these unique circumstances? It is well known that special protections exist for a defendant in a capital case and the costs of a capital case are much higher than a non-capital case. “How fair can it be to put a man through the ordeal of a capital trial when the State knows he is not the actual killer of any of the victims? And the State has given a life sentence to the actual killer of at least 5 of the 8 of the victims? “Thus, the State seeks to hold the death penalty over the head of George Wagner who did not kill anybody while it has struck a remarkable plea bargain with the actual killer of at least five of the victims who also shot a sixth victim.”Įdward “Jake” Wagner and Angela Wagner recently pleaded guilty to their roles in the execution-style murders of eight members of the Rhoden family in April 2016. Yet the State insists on proceeding with this case, a capital case, unless and until Jake Wagner testifies for the State to its satisfaction,” reads the filing Friday by attorney Richard Nash. “Recently provided discovery makes it clear that George Washington Wagner IV did NOT shoot and kill any of the victims. WAVERLY, Ohio (WXIX) - Attorneys for one of the suspects in the Pike County massacre, George Wagner IV, say in newly filed court records the recent confessions of his mother and younger brother determine he didn’t shoot and kill any of the eight victims so he is not eligible for the death penalty.
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