INTHE COURT OF COMMON PLEAS PIKE COUNTY, OHIO casero. 2018 CR OOOIS'T STATE OF OHIO, . Plaintift. * vs. * Judge Randy D. Deering George Washington Wagner III, * INDICTMENT Defendant. * ‘The jurors of the Grand Jury of the State of Ohio, within and for the body of the County of Pike, or by some manner enumerated in Section 2901.12 of the Ohio Revised Code whereby proper venue is placed in the County of Pike, on their oaths, in the name and by the authority of the State of Ohio, do find and present that: COUNT ONE ‘George Washington Wagner III, on or about the 22 day of April 2016, at the County of Pike, and. in the State of Ohio, did unlawfully and purposely, and with prior calculation and design, cause the death of | ‘another, to wit: Kenneth Rhoden, in violation of Section 2903.01 (A) of the Ohio Revised Code. Aggravated Murder — An Unclassified Felony SPECIFICATION ONE TO THE FIRST COUNT: The grand jurors further find and specify that the said ‘George Washington Wagner IIT had a firearm on or about his person or under his control while committing the said Ageravated Murder, as specified in Section 2941.141 of the Ohio Revised Code, ‘SPECIFICATION TWO TO THE FIRST COUNT: The grand jurors further find and specify thatthe said George Washington Wagner III had a firearm on or about his person or under his contro! while committing the said Aggravated Murder, and displayed the firearm, brandished the firearm, indicated that the said George Washington Wagner III possessed the firearm, and/or used it to facilitate the said Ageravated Murder, as specified in Section 2941.145 of the Ohio Revised Code, SPECIFICATION THREE TO THE FIRST COUNT: ‘The grand jurors further find and specify thatthe ‘said George Washington Wagner III had firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about his person or under his control while committing the said Aggravated ‘Murder, as specified in Section 2941.14 of the Ohio Revised Code, SPECIFICATION FOUR TO THE FIRST COUNT: ‘The grand jurors further find and specify that the said George Washington Wagner IIL committed the said Aggravated Murder for the purpose of escaping detection, apprehension, tial, or punishment for another offense committed by the said George Washington ‘Wagner IIL as specitied in Section 2941,14/2929.04(A)(3). SPECIFICATION FIVE TO THE FIRST COUNT: The grand jurors further find and specify thatthe said George Washington Wagner TIT committed the said Aggravated Murder as a part of a course of conduct involving the purposeful killing of or attempt to kill two or more persons by the said George Washington ‘Wagner IT, as specified in Section 2941.14/2929.04(A\(5).. ‘SPECIFICATION SIX TO THE FIRST COUNT: ‘The grand jurors further find and s George Washington Wagner III committed the said Aggravated Murder while the offenddr was commitfingL. D_ sitempting 1 commit, of fleeing immediately after commiting or attempting to commit ag BGMIMARNPLEAS COURT NOV 13 2018 JUSTIN P, BREWSTER PIKE COUNTY CLERKand either the said George Washington Wagner III was the principal offender in the commission of the ‘Aggravated Murder or, ifnot the principal offender, committed the Ageravated Murder with prior ealculation ‘and design, as specified in Section 2941.14/2929.04(A)(1). counr Two. George Washington Wagner II, on or about the 22% day of April 2016, atthe County of Pike, and in the State of Ohio, did unlawfully and purposely, and with prior calculation and design, cause the death of ‘another, to wit: Chris Rhoden, Sr, in violation of Section 2903.01(A) of the Ohio Revised Code. Aggravated Murder —- An Unelassified Felony ‘SPECIFICATION ONE TO THE SECOND COUNT: ‘The grand jurors further find and specify that the seid George Washington Wagner III had a firearm on or about his person or under his contro! while committing the said Aggravated Murder, as specified in Section 2941.141 of the Ohio Revised Code, SPECIFICATION TWO TO THE SECOND COUNT: The grand jurors further find and specify that the said George Washington Wagner III had a firearm on or about his person or under his control while committing the said Aggravated Murder, and displayed the frearm, brandished the firearm, indicated thatthe said George Washington Wagner TIL possessed the firearm, and/or used it to facilitate the said Aggravated Murder, as specified in Section 2941. 145 of the Ohio Revised Code. SPECIFICATION THREE TO THE SECOND COUNT: ‘The grand jurors further find and specify that the said George Washington Wagner IIT hada firearm that isan automatic firearm or that was equipped with 8 firearm muffler or suppressor on ot about his person or under his contro! while committing the said Aggravated Murder, as specified in Section 2941. 144 of the Ohio Revised Code, SPECIFICATION FOUR TO THE SECOND COUNT: The grand jurors further find and specify thatthe said George Washington Wagner III committed the said Aggravated Murder for the porpose of escaping. detection, apprehension, tal, or punishment for another offense commited by the said George Washington ‘Wagner IIL as specified in Section 2941.14/2929.04(AY3). SPECIFICATION FIVE TO THE SECOND COUNT: The grand juors further find and specify thatthe said George Washington Wagner I commited the sid Aggravated Murder asa part of « course of conduct involving the purposeful killing of or attempt to kill two or more persons by the said George Washington Wagner II as specified in Section 2941.14/2929,04(AY(S). SPECIFICATION SIX TO THE SECOND COUNT: The grand jurors further find and specify thatthe said George Washington Wagner IIL committed the said Aggravated Murder while the offender was commiting, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated burglary, and either the said George Washington Wagner If was the principal offender in the conn of the Aggravated Murder or, if not the principal offender, committed the Aggravated Murder with prior caleulation and design, as specified in Section 2941.14/2929.04(A)(). COUNT THREE George Washington Wagner III, on or about the 22! day of April 2016, a the County of Pike, and in the State of Ohio, did unlawfully and purposely, and with prior calculation and design, cause the death of another, o wit: Gary Rhoden, in violation of Section 2903.01(A) of the Ohio Revised Code. Aggravated Murder -- An Unclassified Felony FILED COMMON PLEAS COUR) NOV 13 2018 JUSTIN P, BREWSTER PIKE COUNTY CLERK _SPECIFICATION ONE TO THE THIRD COUNT: The grand jurors further find and specify thatthe suid George Washington Wagner ITT had a firearm on or about his person or under his control while committing the said Aggravated Murder, as specified in Section 2941. 141 of the Ohio Revised Code. ‘SPECIFICATION TWO TO THE THIRD COUNT: The grand jurors further find and specify that the said George Washington Wagner III had a freerm on or about his person or under his control while committing the said Aggravated Murder, aid displayed the firearm, brandished the Washington Wagner TIT possessed the firearm, and/or used it to facilitate the said Aggravated Murder, es specified in Section 2941.145 ofthe Ohio Revised Code. SPECIFICATION THREE TO THE THIRD COUNT: The grand jurors further find and specify that the said George Washington Wagner II had a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about is person or under his control while committing the said Aggravated ‘Murder, as specified in Section 2941.14 of the Ohio Revised Code. SPECIFICATION FOUR TO THE THIRD COUNT: The grand jurors further find and specify thatthe stid George Washington Wagner III committed the said Aggravated Murder for the purpose of escaping detection, apprehension, trial, or punishment for another offense committed by the said George Washington ‘Wagner III, as specified in Section 2941.14/2929.04(A)G3) ‘SPECIFICATION FIVE TO THE THIRD COUNT: The grand jurors further find and specify thatthe said George Washington Wagner III committed the said Aggravated Murder as a part of a course of conduct involving the purposeful Killing of or attempt to kill two or more persons by the said George Washington ‘Wagner IIL, as specified in Section 2941.14/2999.04(A)(5). ‘SPECIFICATION SIX TO THE THIRD COUNT: ‘The grand jurors further find and specify that the said George Washington Wagner Uff committed the sid Ageravated Murder wile the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated burglary, and either the said George Washington Wagner ITI was the principal offender in the commission of the Aggravated Murder or, ifnot the principal offender, committed the Agsravated Murder with prior calculation ‘nd design, as specified in Section 2941.14/2929.04(A)(7).. ‘COUNT FOUR George Washington Wagner IIL, on or about the 22" day of April 2016, atthe County of Pike, and in the State of Ohio, did unlawfully and purposely, and with prior caleulation and design, cause the death of ‘another, to wit: Clarance Franklin Rhoden, in violation of Section 2903.01(A) of the Ohio Revised Code. Aggravated Murder —-- An Unelassified Felony SPECIFICATION ONE TO THE FOURTH COUNT: The grand jurors further find and specify that the ‘seid George Washington Wagner TIT had a firearm on or about his person or under his control while ‘commiting the said Aggravated Murder, as specified in Section 2941.141 of the Ohio Revised Code, SPECIFICATION TWO TO THE FOURTH COUNT: The grand jurors further find and specify that the said George Washington Wagner III had a firearm on or about his person or under his control while committing the said Aggravated Murder, and displayed the firearm, brandished the firearm, indicated that the said George Washington Wagner IIL possessed the firearm, and/or used it to facilitate the said Aggravated Murder, as specified in Section 2941.145 of the Ohio Revised Code. SPECIFICATION THREE TO THE FOURTH COUNT: The grand jurors further find and specify that the said George Washington Wagner III had a firearm that is an automatic firearm or that was equipped with a firearm muffler or suppressor on or about his person or under his control while compitting the sald@T LE D Aggravated Murder, as specified in Section 2941.14 of the Ohio Revised Code, COMMON PLEAS COUR NOV 13 2018 JUSTIN P. BREWSTER BIE AATINTY CLERIC