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Pike County murder trial: Jury shown forged custody documents, Walmart receipt, other Wagner belongings

News: Wagner trial 10-7-2022 01
Posted at 9:02 AM, Oct 07, 2022
and last updated 2022-10-07 18:34:51-04

WAVERLY, Ohio — After hearing about evidence collected during an extensive two-day search of the Wagner property, jurors heard more evidence collected against the family as George Wagner IV stands trial for the murders of eight people in 2016.

George — along with his mother Angela, father George "Billy" Wagner and brother Edward "Jake" Wagner — is accused of shooting and killing the Rhoden family members "execution-style." The family's bodies were found on April 22, 2016. He faces eight charges of aggravated murder, along with other charges associated with tampering with evidence, conspiracy and forgery.

Found dead that day were 40-year-old Christopher Rhoden Sr., 37-year-old Dana Rhoden, 20-year-old Hannah "Hazel" Gilley, 16-year-old Christopher Rhoden Jr., 20-year-old Clarence "Frankie" Rhoden, 37-year-old Gary Rhoden, 19-year-old Hanna May Rhoden, and 44-year-old Kenneth Rhoden.

The trial is the first time a person has faced a jury for the deaths of the Rhoden family six years ago.

Prosecution began Friday's testimony by re-calling Ohio Bureau of Investigations agent Todd Fortner to the stand. Fortner was the lead investigator who processed the second crime scene, where Frankie and Hannah Hazel were found dead next to their unharmed baby.

In May 2017, investigators obtained search warrants for the Wagner's home on Peterson Road and a second property, where several trailers packed full of the family's belongings were parked after the Wagners moved to Alaska. Fortner was one of the investigators assigned to search the trailers, collecting and processing items officials believed could have been connected to the murders of the Rhoden family.

On May 12, 2017, investigators executed a search warrant on a different property in Peebles, Ohio that belonged to an automotive company. Parked there, agents found several trucks and trailers that Fortner said took officials over seven hours to unpack and search.

In all, agents divided the vehicles and trailers up into five different scenes to divide and conquer the job, and ultimately several items were collected, according to Fortner.

Many of the items collected that day were sent on to laboratory experts within other units for examination, Fortner said.

In scene one, a large trailer, agents discovered and collected a ghillie suit used by hunters or, occasionally, military members, for camouflage. Inside the door of that trailer, they also found a jacketed bullet, a laptop, a tote containing several different trail cameras, a box containing cartridge casings and other gun-related items, an Xbox console and a portfolio with George Wagner's name written on it were also collected from that trailer.

In scene two, a black pick-up truck — registered to George — that was attached to a trailer, agents collected two cell phones, a Nikon Coolpix camera and a box of documents found inside the truck's cab. Also inside that truck, officials gathered an envelope addressed to George and two Cabela's Club credit cards with George's name on them.

A gun receipt, signed by George, was found in the truck's rear passenger seat. It was for the purchase of a Berretta 92FS, bought on April 27, 2016, five days after the murders.

On the floorboard of the truck, investigators also found and collected a ski mask.

Scene three was the black trailer attached to the truck labeled scene two. Inside that, investigators searched a clear, plastic tote and, inside, discovered another ski mask.

Scene four was a gray pick-up truck Fortner said was registered to Jake. It was locked, so agents had to have a local sheriff's deputy open it with a slim jim, he said. Inside that truck, on the rear floorboard behind the driver's seat, agents found a third ski mask.

Also inside that truck, investigators collected legal papers and documents from a law office with Jake's name on them and a receipt from a Walmart in West Union, Ohio for the purchase of a camera kit with a three-year service plan and a mobile phone. Fortner said that receipt was photographed, but was not sent to the lab because they "weren't sure of its probative value."

Scene five was a large, open-top trailer with a tarp covering it that took agents several hours to search, Fortner said.

Inside, they found a tote full of various electronic items like GPS devices and cameras; these items would have been sent to BCI's cybercrimes unit, Fortner said. Also found in that trailer was a Glock 17 gun case and a box containing ammunition and other firearms-related items, Fortner said.

Notably, agents also found a Caldwell brand brass-catcher, designed to catch firearm cartridge cases as they were ejected; Fortner said brass-catchers were commonly used by people who reuse casings. Prosecutor Andrew Wilson asked Fortner if the item could also be used to avoid leaving rifle shell casings behind at a crime scene, and Fortner said it was possible.

Investigators also collected a lockpick set, grips for a Glock pistol and a magazine loader. In another container, they found a drum magazine and a wooden stock for a gun. They also found a bug detector, designed to detect audio bugging devices, cameras and GPS trackers.

During cross examination, George Wagner's attorney, John Parker, asked Forther whether the items collected were DNA tested; Fortner said no. Parker also pointed out the trailers were not hidden from view in any way; Fortner agreed and said they were all parked on the corner of the property, visible from a public highway.

After a lunch break, prosecutors called Julia Eveslage to the stand for the third time. She told the jury she was on scene, assigned to digging through paper documents found in the trailers and identifying anything that could be of note to the case.

Eveslage said she identified a notebook in scene two — George's pick-up truck — with the name "Edward Wagner" handwritten on the cover. Inside were several drawings: The first was titled "secret spy case" in handwriting above a sketch of a case containing two Colt hand guns, a tool kit, a cleaning kit, two flashlights and two suppressors; the second, titled "close combat gear," showed a stick figure person covered in weapons and tactical gear, like a cell phones, two Colt pistols, two clips apiece in leg holsters, and a 12-gauge on the person's back, with two "kantanas" — likely a misspelling of "katanas."

On pages that followed, prosecutors showed drawings that appeared to be a floor plan of a building, with rooms and dimensions sketched out and what appeared to be a top-down drawing of what appeared to be a property, with the locations of buildings drawn out.

Eveslage also identified a notebook in which household costs were laid out month-by-month in 2016. Notably, costs for passports for adults and children were identified throughout the year. On a page noted as expenses for March 2017, a handwritten note read "Get ready to leave 3-18-17."

Prosecution presented several other documents, including financial records and custody documents and letters from Tabitha, George's ex-husband.

In a tote recovered from George's truck, Eveslage found what looked like custody documents; one page, a declaration of custody for a child in the event of a parent's death, appeared to have been signed by Hanna May, designating Jake as the custodian for Sophie in the event of her death. Hanna's signature was dated December 2014 — but on the bottom corner of the printout, the document showed it had been printed off on April 3, 2016 — just before the murders. It also appeared to be notarized by Rita Newcomb, Angela's mother.

Two other documents named Angela as sole custodian of Sophia and George's child, Bulvine, if either brother died.

Newcomb initially faced several charges for the alleged forgery of these documents. In December 2019, she took a plea deal, but prosecution dropped the forgery and perjury charges against her after the state said that its own handwriting expert had analyzed that Newcomb's signature on the custody documents and determined it was not actually her signature.

In a container found inside scene four — Jake's pick-up truck — investigators found copies of Tabitha's driver's license and social security cards. A plastic tote, labeled "important files," was full of photocopies of private Facebook messages between Tabitha and several different people and between Tabitha's mother and different people.

Also in a tub in that vehicle, Eveslage found a Walmart receipt showing the purchase of two pairs of men's athletic shoes. Eveslage said she immediately left the scene where the search warrant was being executed to head back to the investigation's headquarters.

"We had paper copies of surveillance images and receipts we had obtained — prior to the search warrants — from Walmart," said Eveslage.

She said in those images was one of Angela, leaving the Waverly Walmart with a cart of purchased items. In other surveillance shots, the Wagner family vehicle could be seen pulling away. The footage was captured on April 7, 2016 — just over one week before the murders. Prosecutors have alleged those shoes, purchased by Angela, are the ones responsible for creating bloody shoeprints in the home where Chris Sr. and Gary were found murdered in 2016.

Also in that tub were documents from Pike County Job and Family Services, showing an order to conduct genetic paternity testing for Hanna May's infant daughter, Kylie. The order was filed on June 29, 2016, after the homicides. Family members and family friends have testified throughout the trial that Jake believed the young girl was his child, despite Hanna May's denial that this was true.

The paternity test determined Jake had no genetic father/child relationship with Kylie.

Prosecutors highlighted several other documents found within tubs in the trucks belonging to Jake and George — from correspondence with lawyers about custody arrangements to two calendars from 2015 in which someone wrote out notes about trucking hauls and when Sophia would be in the Wagner home. Some of those calendar notations were more specific, highlighting injuries Sophia had sustained, or when Jake picked up Sophia out of schedule at Hanna May's request.

Also found were handwritten notes from Hanna May to Jake, declaring "I love yeww babe," and other affectionate remarks. Insurance documents, a business card for a tattoo shop, a flyer for a mud race and various other paperwork were also shown to the jury, though their significance was never highlighted.

After Eveslage stepped down from the witness stand, prosecution re-called BCI agent John Jenkins. On May 12, 2017, when investigators were combing through the Wagner's belongings in the trailers, Jenkins was not present. After Eveslage found the Walmart receipt with the shoes on it, however, he was called to travel to a Walmart and determine which shoes matched the SKU number on the receipt; Jenkins found that it matched a pair of gray, men's athletic shoes, sized 10.5 and 11. He said he then took photos of the shoes, their price tags and the SKU numbers to send back to investigators.

Parker questioned whether Jenkins had gone specifically to the Waverly Walmart — Jenkins said he did not.

Court adjourned for the day after Jenkins stepped down; it will reconvene on Tuesday, Oct. 11, after breaking Monday for Columbus Day.

You can catch up on the day's testimony below:

Watch opening statements below:

You can read recaps of each day of the trial in our coverage below: