Wagner files brief in appeal of murder conviction

Editor’s NoteAll references to “Wagner” in this article are referring to George Washington Wagner IV.

On June 10, George Washington Wagner IV’s defense team filed a brief, in his appeal case citing nine assignments of error in his murder trial, with the Pike County Common Pleas Court.

Wagner and his family members are charged with killing seven members of the Rhoden family and Hannah Gilley in April of 2016.

Wagner’s mother, Angela, pled to her part in the killings in 2018.

In 2021, Wagner’s brother, Jake, turned himself to investigators for his part in the crimes.

Wagner was convicted of all counts 22 against him in Pike County Common Pleas Court in the fall of 2022.

The first assignment of error claims that the court denied Wagner his right to due process by rejecting requests to dismiss the capital specifications against him before trial.

The second assignment of error states that the court failed to strike three jurors for cause.

The third assignment of error in the brief charges the court with committing plain error and abusing its discretion by admitting “gruesome photographs and victim impact statements for days on end.”

The fourth assignment of error argues the court erred and abused its discretion by allowing acts, wrongs and crimes throughout the trial, which unfairly prejudiced Wagner.

The next assignment of error charged that the court denied Wagner by allowing his mother to testify under their corrective plea deals.

The sixth the assignment of error says that court erred by quashing Wagner’s subpoena for his brother’s medical records and interview notes prepared and held by his attorneys without an in camera hearing.

An in camera hearing is a legal proceeding that takes place in private, usually in a judge’s chambers, and excludes the public and press.

The seventh assignment of error states the state committed prosecutorial misconduct and rendered the trial unfair during closing arguments by accusing defense counsel of knowing Wagner lied and coaching him to do it.

The eighth the assignment of error claims the trial court erred by denying a request for a jury instruction on complicity after the fact.

The ninth assignment of error reads that the cumulative impact of numerous errors at the trial prejudiced Wagner by swaying the outcome of his trial.

There are no hearings or trial date set for Wagner’s appeal. According to the Fourth District Ohio Court of Appeals, the court is waiting for the state brief.

George’s father, Billy Wagner, will stand trial on 22 counts, all related to 2016 killings, in Pike County Common Pleas Court. His trial is scheduled to begin January 6, 2025.