Rhodens drop wrongful death suit in Pike County killings case
A wrongful death suit in the 2016 Pike County massacre case will pause for now.
Attorneys for Tony Rhoden, administrator of the estates of four of the eight 2016 homicide victims, on Thursday filed to dismiss his suit against the Wagner family, saying they will refile within a year.
“Our primary goal will remain unchanged, as we will strive to hold all persons accountable for the heinous acts that transpired,” Brian K. Duncan of BKD Legal said via email.
A new suit, like the one filed in November 2020, would seek “justice for the unspeakable acts” that took the lives of seven Rhoden family members and one of their future wives, Duncan added.
Duncan said Tony Rhoden decided to dismiss the case now because of a newly imposed schedule for what is called discovery, the process by which the two sides of a lawsuit exchange information about witnesses and evidence. Visiting Judge Scott W. Nusbaum last month set a series of deadlines in the case, saying he wanted it resolved by his end-of-2024 retirement.
“I’m an old guy,” Nusbaum said in August. “We’re going on a fast schedule.”
Nusbaum said he wanted a response by Thursday to defendant Fredericka Wagner’s call to remove her from the Rhoden suit. Other deadlines loomed in February, March and April.
Tony Rhoden's wrongful death suit in the #PikeCountyMassacre case must be resolved in 2024, the visiting judge in the case said this morning. Judge Scott W. Nusbaum said he will retire in full by then so wants the Rhoden case against the Wagner family wrapped up by then. 1/12
— Patricia Gallagher Newberry (@pattinewberry) August 10, 2023
Duncan said discovery in the Rhoden case has been slowed by a gag order that the judge who handled criminal cases in the homicides put on lawyers.
In criminal proceedings, George Wagner IV last fall was found guilty on 22 charges in the Rhoden deaths. His mother and brother pleaded guilty to their roles in the crimes. Wagner IV's father, George “Billy” Wagner III, entered a not guilty plea and is expected to be tried next year.
Family matriarch Fredericka Wagner, Billy Wagner's mother, faced criminal charges, related to her purchase of bulletproof vests, that were later dropped.
In the wrongful death suit, Tony Rhoden was seeking actual damages “far exceeding $25,000” for each death and unspecified additional amounts as punishment for each. Fredericka Wagner's real estate – including rental properties and a horse-breeding business in Pike County – would have been targeted for any award in the case, Duncan said earlier.
Lawyers for Wagner IV and Fredericka Wagner did not immediately respond to request for comment. In filings last month, both continued to deny involvement in Rhoden homicides and asked to be removed from the Rhoden civil suit.
The remaining Wagners had yet to respond to the Rhoden suit.
In his Thursday filing, Duncan seeks dismissal “without prejudice,” leaving open a refiling.
Tony Rhoden filed the suit on behalf of his brother Chris Rhoden Sr., and Chris Rhoden’s three children, Frankie, Hanna and Chris Jr.
Also shot to death April 21-22, 2016, were Tony Rhoden’s brother, Kenneth Rhoden; cousin, Gary Rhoden; sister-in-law, Dana Manley Rhoden; and future niece-in-law, Hannah Hazel Gilley.
This article originally appeared on Cincinnati Enquirer: What happened in Rhodens suit against Wagners
