WAVERLY – A gag order was put in place during Edward “Jake” Wagner’s arraignment where he pleaded not guilty and was ordered held without bond on 23 charges related to the 2016 killings of the Rhoden family.
The 26-year-old Wagner, who was indicted on the eight murders along with his brother and parents, entered the court with shoulder-length blond hair and bare feet in his jail-issued shower shoes despite the freezing temperatures. He sat with his ankles and wrists shackled, quietly answering “Yes, sir” at a few points during the judge’s one-hour reading of the 23-count indictment.
Security was boosted for the arraignment at the Pike County Common Pleas Court where no bags of any kind were allowed inside and at least six deputies stood guard in Judge Randy Deering’s nearly packed yet quiet courtroom. Once the hearing was over, everyone was kept in the courtroom for about five minutes. A deputy said it was for Jake Wagner's protection.
The arraignment was set to begin at 9 a.m. but was delayed about 35 minutes as attorneys met in the judge’s chambers. Discussion included defense and prosecutors agreeing to request a gag order in the case which extends to law enforcement.
About 20 loved ones from the Rhoden family sat in the pews behind the prosecution's table. They listened quietly as Deering read through the allegations, including that Jake Wagner killed eight members of their family. They listened with bowed hands, folded hands and arms wrapped around one another.
Some wore black shirts bearing the first names of each of the victims nestled amid a pair of wings.
Andrea Carver sat near the back. The mother of one of the victims, Hanna Gilley, wore a shirt reading, "I'm not just a mom. I'm a mom to a child with wings."
Wagner also waived his right to a speedy trial through July 31, 2019.
In Ohio, defendants must come to trial 270 days after an arrest, Deering said. Each day in jail is considered three days toward the count, but the waiver will render the rule moot for now.
As Deering read through the indictment and possible penalties, Wagner’s court-appointed attorney William Mooney held a copy of it to his left, allowing Wagner to follow along.
In addition to the aggravated murder charges, Wagner’s charges include conspiring with his family to kill the Rhoden family since Jan. 1, 2016. His charges also allege he purchased various items including a net that attaches to a gun to collect spent shell casings, ammunition, and items to build a silencer.
The charges also alleged Wagner helped get rid of evidence including from the victims’ phones and surveillance system.
Wagner was the third member of his family to appear in court in connection to the deaths of seven members of the Rhoden family and Hannah Gilley, 20, fiancée to Clarence "Frankie" Rhoden, 20.
Jake Wagner's grandmothers, Rita Newcomb, 65, and Fredericka Wagner, 76, who are accused of assisting in covering up the killings, were arraigned earlier this month. Both have since posted bail and are on house arrest.
In addition to Gilley and Frankie Rhoden, Jake Wagner is accused of the murders of Christopher Rhoden Sr., 40; his older brother, Kenneth Rhoden, 44; Christopher's former wife, Dana Manley Rhoden, 38; their children, Hanna Rhoden, 19, and Chris Rhoden, Jr., 16; and a cousin Gary Rhoden, 38.
Jake Wagner's brother, George Wagner IV, 27, will be arraigned at 10 a.m. on Wednesday on the same murder charges. Their mother, Angela Wagner, 48, is set to be arraigned at 1:30 p.m. Thursday. Billy Wagner, 47, who was arrested in Kentucky, will be arraigned at 1:30 p.m. Dec. 4.
Speaking after the arraignment, Meyers said he and Mooney are the only public defenders who will represent defendants in the four capital murder cases.
Other lawyers will be appointed for Wagner’s immediate family members charged in the homicides, Meyers said.
When asked one day before the arraignment about a potential change of venue in the Wagner trials, Junk said, “That’s more a matter for the defense. …I would almost expect the defense to file one.”
He added generally defense teams seek a change of venue “when they feel they can’t get a fair trial in the home jurisdiction.”
Jake Wagner is next set to appear in court at 11 a.m. Dec. 20 and 11 a.m. Jan. 24.