OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #54

[Antimony]

It would appear that having the actual shoes worn by the perps is not necessary to build a match.

Maybe just having the suspects wear the type of shoe worn and comparing the print of the foot shape (a hammertoe, perhaps?) could cement the deal.

 

[Johnny B Bad]

Does anyone know if the clock that the state of Ohio that has so many days to bring each Wagner to court for trials, or does it stop because of the Coronavirus, or is it still running?

 

[Puzzles8]

Does anyone know if the clock that the state of Ohio that has so many days to bring each Wagner to court for trials, or does it stop because of the Coronavirus, or is it still running?

At least in my state, all courts are shut down except for emergency hearings. It will take many months for the courts to catch up even after all of the lock downs are over. I can't even imagine the "speedy trial" window won't be extended.

O/T - but IMO, life as we know it won't completely resume until there is a vaccine. After the first critical wave passes, COVID 19 will continue to ebb and flow until a vaccine is widely available.

Prayers we all stay healthy.

I lost an old friend to COVID 19 this week. Please take the lock down recommendations seriously and STAY HOME.

 

[IType]

Does anyone know if the clock that the state of Ohio that has so many days to bring each Wagner to court for trials, or does it stop because of the Coronavirus, or is it still running?

I'm not positive, but IMO the "clock" isn't ticking for any of the W4 anymore because they all have waived their right to a speedy trial. As I recall, BW, AW and JW waived their rights to speedy trial very early on. GW4 was heading for a speedy trial but then later last year (early fall possibly?) he ended up signing a waiver as well. Since they waived their rights, I don't think time is an issue anymore. In fact, I think in JWs case there was a mention recently of not being ready for trial possibly until January 2021??

If I'm wrong on any of this, would anyone who knows for sure please correct me?
IMO

 

[Cool Cats]

I'm not positive, but IMO the "clock" isn't ticking for any of the W4 anymore because they all have waived their right to a speedy trial. As I recall, BW, AW and JW waived their rights to speedy trial very early on. GW4 was heading for a speedy trial but then later last year (early fall possibly?) he ended up signing a waiver as well. Since they waived their rights, I don't think time is an issue anymore. In fact, I think in JWs case there was a mention recently of not being ready for trial possibly until January 2021??

If I'm wrong on any of this, would anyone who knows for sure please correct me?
IMO

Right. Jake's speedy trial expires January 31st, 2021. He has to have his trial by then or get another speedy trial waiver. Here is what I found on him and the others in regards to speedy trial:

Jake Wagner
11/27/2018 WAIVER OF SPEEDY TRIAL, EFFECTIVE FROM 11/27/18 - 07/31/19

04/04/2019 WAIVER OF SPEEDY TRIAL

05/02/2019 - JOURNAL ENTRY FOR APRIL 4th HEARING:

The Court further finds that during the pre-trial hearing this day the Defendant waived in writing his right of speedy trial for a period extending through January 31, 2021.

George Wagner IV
11/28/2018 WAIVER OF SPEEDY TRIAL

07/24/2019 WAIVER OF SPEEDY TRIAL

08/13/2019 - JOURNAL ENTRY FOR JULY 24th HEARING:

The Defendant, on the record in open court, orally waived his right to a speedy trial, and the Defendant also executed a written "Waiver of Speedy Trial."

On July 22, 2019, the Defendant filed a "Motion To Continue Jury Trial," requesting that the jury trial scheduled on September 4, 2019, be continued.

Counsel for the State of Ohio indicated to the Court at the pretrial hearing this day they have no objection to the continuance of the jury trial.

The Assignment Commissioner shall re-schedule the jury trial in this action for a date to be determined at a later time.

Angela Wagner
11/30/2018 WAIVER OF SPEEDY TRIAL

George Wagner III
12/04/2018 WAIVER OF SPEEDY TRIAL


Rights of the Accused : 6th Amendment
The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community.

I never heard of this before, that the right to a jury trial applies only to offenses in which the penalty is imprisonment for longer than six months.

I will have to check other sources on this...Humm...

 

[Loomis124]

At least in my state, all courts are shut down except for emergency hearings. It will take many months for the courts to catch up even after all of the lock downs are over. I can't even imagine the "speedy trial" window won't be extended.

O/T - but IMO, life as we know it won't completely resume until there is a vaccine. After the first critical wave passes, COVID 19 will continue to ebb and flow until a vaccine is widely available.

Prayers we all stay healthy.

I lost an old friend to COVID 19 this week. Please take the lock down recommendations seriously and STAY HOME.

My deepest sympathy to you in the loss of your friend and to his/her family. So very sorry.

 

[Cool Cats]

At least in my state, all courts are shut down except for emergency hearings. It will take many months for the courts to catch up even after all of the lock downs are over. I can't even imagine the "speedy trial" window won't be extended.

O/T - but IMO, life as we know it won't completely resume until there is a vaccine. After the first critical wave passes, COVID 19 will continue to ebb and flow until a vaccine is widely available.

Prayers we all stay healthy.



I lost an old friend to COVID 19 this week. Please take the lock down recommendations seriously and STAY HOME.

So sorry you lost a long time special friend. It hits home Puzz, when it is someone like you who has suffered a loss. I agree with @Loomis124 - my deepest sympathy to you and your friend's loved ones......

 

[Johnny B Bad]

I hope that you and all the love ones of the deceased is safe and prayers go out to you and the love ones of your friend. Be Safe Puzzles8 and to all the Sluthers falling the Wagners Murder Case, Please Be Safe and Stay At Home,

 

[almond]

At least in my state, all courts are shut down except for emergency hearings. It will take many months for the courts to catch up even after all of the lock downs are over. I can't even imagine the "speedy trial" window won't be extended.

O/T - but IMO, life as we know it won't completely resume until there is a vaccine. After the first critical wave passes, COVID 19 will continue to ebb and flow until a vaccine is widely available.

Prayers we all stay healthy.

I lost an old friend to COVID 19 this week. Please take the lock down recommendations seriously and STAY HOME.

I'm very sorry for your loss. Stay safe.

 

[Loomis124]

Right. Jake's speedy trial expires January 31st, 2021. He has to have his trial by then or get another speedy trial waiver. Here is what I found on him and the others in regards to speedy trial:

Jake Wagner
11/27/2018 WAIVER OF SPEEDY TRIAL, EFFECTIVE FROM 11/27/18 - 07/31/19

04/04/2019 WAIVER OF SPEEDY TRIAL

05/02/2019 - JOURNAL ENTRY FOR APRIL 4th HEARING:

The Court further finds that during the pre-trial hearing this day the Defendant waived in writing his right of speedy trial for a period extending through January 31, 2021.

George Wagner IV
11/28/2018 WAIVER OF SPEEDY TRIAL

07/24/2019 WAIVER OF SPEEDY TRIAL

08/13/2019 - JOURNAL ENTRY FOR JULY 24th HEARING:

The Defendant, on the record in open court, orally waived his right to a speedy trial, and the Defendant also executed a written "Waiver of Speedy Trial."

On July 22, 2019, the Defendant filed a "Motion To Continue Jury Trial," requesting that the jury trial scheduled on September 4, 2019, be continued.

Counsel for the State of Ohio indicated to the Court at the pretrial hearing this day they have no objection to the continuance of the jury trial.

The Assignment Commissioner shall re-schedule the jury trial in this action for a date to be determined at a later time.

Angela Wagner
11/30/2018 WAIVER OF SPEEDY TRIAL

George Wagner III
12/04/2018 WAIVER OF SPEEDY TRIAL


Rights of the Accused : 6th Amendment
The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community.

I never heard of this before, that the right to a jury trial applies only to offenses in which the penalty is imprisonment for longer than six months.

I will have to check other sources on this...Humm...

CC, I'm sorry but I have no idea what you're talking about. Can you please go easy on this fried brain? I'd really like to know. TY

 

[Cool Cats]

CC, I'm sorry but I have no idea what you're talking about. Can you please go easy on this fried brain? I'd really like to know. TY

Just responding to a poster who brought up the subject of speedy trial. Next thing I know (old habit) I'm looking up a bunch of stuff! Have too much time on my hands....

 

[Loomis124]

Just responding to a poster who brought up the subject of speedy trial. Next thing I know (old habit) I'm looking up a bunch of stuff! Have too much time on my hands....

Is there anything really different in Billy's case?

 

[Puzzles8]

Just responding to a poster who brought up the subject of speedy trial. Next thing I know (old habit) I'm looking up a bunch of stuff! Have too much time on my hands....

The subject of a "speedy trial" is important in this case. I tried to research this subject also, I can't say I was able to arrive at any definitive answer.

Here are the only bits of information I was able to research. This does not even include any "COVID 19" special circumstances.

Ohio Death Penalty Cases are governed by both US Constitution VI Amendment and the Ohio Revised Code. The gist I got was that the right to a speedy trial that included Death Penalty specifications, in Ohio, was 270 days.

IMNAL, but after waiving the initial right to a speedy trial I couldn't find any clear guidelines as to future time lines. Is it indefinite? Are there guidelines?

ETA - Even though courts are not in session, attorney's can still do lots of work on-line re motions, etc.

 

[Nanasteele]

I don't think we will know till the trial. And then we may wish we had never known the horror and torture this fear family went through

I so agree!

 

[Cool Cats]

Is there anything really different in Billy's case?

Yes, different. He is considered the mastermind but can't be the mastermind because he only has a 7th grade education....Oh yah, he is the one with the scorpion tattoo. The prosecution can try to tie his tattoo onto the other defendants - but it is Billy alone who got that tattoo.

In my opinion he got it after the murders. I think most remember my posting the photo of his right thumb and trigger finger without any sign of the tattoo when they were in AK, thus making it seem obvious he got the 8 segmented tattoo after murdering the 8 sometime when in Alaska or back in 2018 in Ohio. ..2 Cents Only..

Rhoden family massacre: Wagner family tries to create new home in Alaska amid rumors

 

[Cool Cats]

The subject of a "speedy trial" is important in this case. I tried to research this subject also, I can't say I was able to arrive at any definitive answer.

Here are the only bits of information I was able to research. This does not even include any "COVID 19" special circumstances.

Ohio Death Penalty Cases are governed by both US Constitution VI Amendment and the Ohio Revised Code. The gist I got was that the right to a speedy trial that included Death Penalty specifications, in Ohio, was 270 days.

IMNAL, but after waiving the initial right to a speedy trial I couldn't find any clear guidelines as to future time lines. Is it indefinite? Are there guidelines?

ETA - Even though courts are not in session, attorney's can still do lots of work on-line re motions, etc.

Yes speedy trial is 270 days (9 months) but that changes if the defendant is sitting in jail rather than being out on bond, in that instance the accused gets jail time credit.

What is Jail Time Credit?
Each day during which the accused is held in jail in lieu of being out on bail must be counted as 3 days for purposes of speedy trial.

So if the Wagners had not waived their speedy trial rights, all 4 would have had to go to trial in just 3 months by February 13th, 2019!

As to the question - are speedy trial waivers indefinite or not?

Jake's are not because his 2 speedy trial waivers have expiration dates. On the other hand, I assume that Billy and Angela's waivers are indefinite because it's been 17 months and they still have not had to take out 2nd waivers like Jake did

GW4 also took a second waiver out but no expiration dates are listed for them (on the court site) but maybe there are dates on the actual documents.

 

[StrangeOne]

Yes, different. He is considered the mastermind but can't be the mastermind because he only has a 7th grade education....

I think JW started this but the one pushing the whole thing was his mother and father. They all moved as a family in this horrible crime.
What does a tattoo have to do with it?

 

[Cool Cats]

I think JW started this but the one pushing the whole thing was his mother and father. They all moved as a family in this horrible crime.
What does a tattoo have to do with it?

Billy's tattoo is in the discovery evidence. This link shows it listed in Angela's discovery. I assume it is also listed in Jake and GW4's discovery and of course in Billys.

https://html1-f.scribdassets.com/732prfjygw6tp04l/images/7-f66b74f151.jpg

So why would a tattoo on Billy end up being in the other 3's discovery? I mean they are not wearing it, what does it have to do with them?
The only thing I can come up with is Billy's scorpion tattoo.

In my opinion his Valknot Norse tattoos do not have anything to do with AW, GW4 and JW but his scorpion tattoo might have everything to do with them because it is on his "trigger" finger and has 8 segments.

Maybe there is more to it than that, maybe he blabbed something to his tattoo artist. Obviously the prosecution has enough information about it for it to be used as evidence.

All just my take on it.....

He must have been confident that he wouldn't end up in court. Now he is having trouble hiding the tattoo from the court cameras that like to zero in on it. At one hearing his attorney whispered to him and then he quickly covered it.

And he always wears long sleeves covering his Valknot Norse tattoos that were referred to by MSM as being racist - as seen in photos from his Lexington arrest:

Man appears in court showing off white supremacy tattoos after arrest for his role in 2016 murder | Daily Mail Online

FOX 19 NOW
Pike County suspect’s tattoo considered by some a white supremacist symbol

 

[Antimony]

What happens to the welfare, income tax refund, SSI, disability, rebate and other checks that would have otherwise gone to the W's? They are in jail, but are not convicted. Someone has to be in possession of their remaining real and personal properties during their absence.

 

[Cool Cats]

What happens to the welfare, income tax refund, SSI, disability, rebate and other checks that would have otherwise gone to the W's? They are in jail, but are not convicted. Someone has to be in possession of their remaining real and personal properties during their absence.

What Happens to My Money if I go to Jail or Prison?

What Happens to Your Stuff When You Get Sent to Prison for Life?

Nothing happens, none of them have been convicted of anything. Obviously any income goes to the care of their minor children and to pay all their own bills. Their attorneys would have set this all up so it's all being taken care of with a trusted family member, someone like Robin for example or Angie's brother as another example.

If they get convicted and have then served 30 days in prison, then all disability/welfare/medicaid payments etc...stop..Zero...Zilch...

At that point decisions would have to be made to sell and liquidate their property I would imagine. They are out of work so no tax refunds, just tax refunds for 2018.