GEORGE WAGNER IV

PIKE COUNTY SHERIFF’S OFFICE

C/O INMATE PIKE COUNTY JAIL
116 S. MARKET ST.
WAVERLY, OH 45690

EDWARD “JAKE” WAGNER

PIKE COUNTY SHERIFF’S OFFICE
C/O INMATE PIKE COUNTY JAIL
116 S. MARKET ST.
WAVERLY, OH 45690

RITA NEWCOMB
34 HAVENER LANE
SOUTH WEBSTER, OH 45682

FREDERICKA WAGNER
6861 CAMP CREEK ROAD
LUCASVILLE, OH 45648

JOHN DOE DEFENDANT(S) 1 AND/OR 2

AND

JANE DOE DEFENDANT(S) 1 AND/OR 2

DEFENDANTS.

INTRODUCTION

The facts, allegations, claims, causes of action, and prayer for relief asserted and/or
requested by and through this Complaint stem from the brutal murders of eight members of the
Rhoden family on the night of April 21 - 22, 2016. Christopher Rhoden Jr., Age 16; Christopher
Rhoden Sr., Age 40; Clarence “Frankie” Rhoden, Age 20; Dana Lynn Rhoden, Age 37; Gary
Rhoden, Age 38; Hanna May Rhoden, Age 19; Hannah Hazel Gilley, Age 20; and Kenneth
Rhoden, Age 44 (collectively hereinafter the “Rhoden Family” or “Decedents”), all of whom were
murdered in cold blood in four (4) residential properties located in Pike County, Ohio. Upon
information and belief, the murders were planned, orchestrated, facilitated, covered up, and/or
carried out by Defendants George “Billy” Wagner III, Angela Wagner, George Wagner IV,
Edward “Jake” Wagner, Rita Newcomb, Fredericka Wagner, John Doe Defendant(s) 1 and/or 2,
and Jane Doe Defendant(s) 1 and/or 2 (collectively hereinafter the “Defendants”). This is a
wrongful death action brought pursuant to O.R.C. 2125.01, et seq.

As such, now comes PLAINTIFF TONY D. RHODEN SR., INDIVIDUALLY AND/OR AS

ADMINISTRATOR OF THE ESTATES OF CHRISTOPHER RHODEN, JR., DECEASED, CHRISTOPHER
RHODEN, SR., DECEASED, CLARENCE “FRANKIE” RHODEN, DECEASED, AND HANNA MAY RHODEN,
DECEASED (hereinafter collectively referred to as “Plaintiff”) and/or JOHN DOE ADMINISTRATOR
OF THE ESTATE OF DANA LYNN RHODEN, DECEASED; JOHN DOE ADMINISTRATOR OF THE ESTATE
OF GARY RHODEN, DECEASED; JOHN DOE ADMINISTRATOR OF THE ESTATE OF HANNAH HAZEL
GILLEY; JOHN DOE ADMINISTRATOR OF THE ESTATE OF KENNETH RHODEN; JOHN DOE
ADMINISTRATOR(S) 1 AND/OR 2; JANE DOE ADMINISTRATOR(S) 1 AND/OR 2; JOHN DOE
PLAINTIFF(S) 1 AND/OR 2; AND JANE DOE PLAINTIFF(S) 1 AND/OR 2 (hereinafter collectively
referred to as “Plaintiff”), by and through its/their respective undersigned counsel, and states as
follows:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff, Tony D. Rhoden Sr., individually, is an individual residing in Pike

County, Ohio, and, as Administrator, is an individual residing in Pike County, Ohio and serves as
the Administrator of the Estates of CHRISTOPHER RHODEN, JR., DECEASED, CHRISTOPHER
RHODEN, SR., DECEASED, CLARENCE “FRANKIE” RHODEN, DECEASED, AND HANNA MAY RHODEN,
DECEASED as reflected by and through the records of the Pike County, Ohio Probate Court (see
Pike County Probate Court Case No.: E20160172, E2016161, E30121062 and E20161063,
respectively).

2. Upon information and belief, Plaintiff and/or any potential Plaintiff(s), is/are and/or
were individuals residing in and/or situated in Pike County, Ohio.

3. Upon information and belief, Defendants are individuals residing in Pike County,
Ohio.

4. The Decedents and individual members of the Rhoden Family: Christopher Rhoden
Jr., Christopher Rhoden Sr., Clarence “Frankie” Rhoden, Dana Lynn Rhoden, Gary Rhoden,
Hanna May Rhoden, Hannah Hazel Gilley, and Kenneth Rhoden (the “Decedents” or the “Rhoden
Family Decedents”), were all United States citizens whom each resided in and/or were otherwise
situated in Pike County, Ohio at the time of their death.

5. At all times relevant to this Complaint, all acts occurred in Pike County, Ohio.

6. Pursuant to Civ. R. 3, jurisdiction and venue are proper in the Pike County, Ohio
Court of Common Pleas as Defendants reside in Pike County, Ohio, and the conduct giving rise to
claims and causes of action set forth in this Complaint, specifically, the murders of eight members
of the Rhoden Family on the night of April 21 - 22, 2016, occurred in Pike County, Ohio.

GENERAL FACTUAL ALLEGATIONS

7. Beginning prior to April 21 - 22, 2016 and continuing therafter, the Defendants,
jointly and/or severally, planned, facilitated, caused, orchestrated, and/or prepared to assault and
murder the Rhoden Family Decedents, and thereafter on April 21 - 22, 2016, Defendants George
“Billy” Wagner III, Angela Wagner, George Wagner IV, and Edward “Jake” Wagner brutally, and
with malice and aforethought, attacked and killed the Rhoden Family Decedents, “execution-style”
in their respective homes and/or otherwise in Pike County, Ohio.

8. Upon information and belief, the attack and murders were perpetrated by
Defendants George “Billy” Wagner III, Angela Wagner, George Wagner IV, and Edward “Jake”
Wagner, with the full knowledge that the gunshots inflicted upon the Rhoden Family Decedents
would lead to their death.

9. Upon information and belief, all of the acts alleged in this Complaint were done
with a wanton, reckless disregard for the rights of the Decedents and with the full knowledge that
they would die as a result of said acts.

10. Upon information and belief, Defendant Rita Newcomb and/or Defendant
Fredericka Wagner had knowledge of and/or participated, whether directly and/or indirectly, in
the planning of the underlying attack and murders and/or subsequently conspired with all of the
other named Defendants through their actions, inactions, and/or omissions in seeking to cover up
the murders of the Rhoden Family Decedents, including, but not limited to, misleading criminal
investigators and falsifying documents.

11. Upon information and belief, the actions, inactions, and or omissions of
Defendants, jointly and severally, directly and proximately caused and/or otherwise contributed to
the deaths of each of the Decedents.

COUNT I – WRONGFUL DEATH

12. Plaintiff incorporates all the allegations contained in all the preceding and
subsequent paragraphs of this Complaint as if fully stated and set forth herein.

13. The Rhoden Family Decedents were and are survived by their respective next of
kin, including, but not limited to, Plaintiff Tony D. Rhoden, Sr. and other beneficiaries, for whose
benefit the claims are being brought by Plaintiff under §2125.02 of the Ohio Revised Code.

14. Upon information and belief, and as a direct and proximate result of the actions,
inactions and/or omissions of the Defendants, jointly and severally, as previously alleged, which
actions proximately and directly caused the Decedents’ deaths on April 21 - 22, 2016, Plaintiff,
and the respective next of kin of the Decedents, including, but not limited to, Plaintiff Tony D.
Rhoden, Sr. and other heirs, survivors and/or beneficiaries, have suffered, and continue to suffer,
the following damages:

a. Loss of support from the Decedents’ reasonably expected earning capacity during
their respective life expectancy;

b. Loss of their services over the time of their expected lives and the expected lives of
their beneficiaries;

c. Loss of prospective inheritance; and

 d. Loss of their society over their life expectancy including loss of companionship,
consortium, care, assistance, attention, protection, advice, guidance, counsel,
instruction, training, and education.

15. Plaintiff and/or the next of kin of the Decedents, including, but not limited to
Plaintiff, and other heirs, survivors, and/or beneficiaries of the Decedents, have suffered and
continue to suffer damages for the mental anguish caused by the deaths of the Decedents, and the
same has been, and continues to be, caused as a direct and proximate result of the intentional
actions, inactions, and/or omissions of the Defendants, jointly and severally, which resulted in the
death of each of the Rhoden Family Decedents identified herein.

16. Furthermore, Plaintiff and/or the next of kin of the Decedents, including, but not
limited to Plaintiff, and other heirs, survivors, and/or beneficiaries of the Decedents, incurred
reasonable funeral expenses for each of the Decedents identified herein.

17. As a result of their foregoing actions, inactions and/or omissions, Defendants,

jointly and severally, have caused, and continue to cause substantial and measurable damages to
Plaintiff in an amount exceeding Twenty-Five Thousand Dollars and 00/100ths ($25,000.00).

18. Plaintiff also seeks punitive damages against Defendants, jointly and severally, to
the extent permitted by Ohio law.

COUNT II – CIVIL CONSPIRACY

19. Plaintiff incorporates by reference all facts, statements, and allegations contained
herein as though expressly restated and re-written.

20. Upon information and belief, Defendants, jointly and severally, conspired in their
actions to plan, facilitate, implement, undertake, carry out, and/or attempt to cover up the murders
of the Rhoden Family Decedents.

21. In furtherance of the conspiracy, and upon information and belief, Defendant
George “Billy” Wagner III, Defendant Angela Wagner, Defendant George Wagner IV, and
Defendant Edward “Jake” Wagner directly participated and carried out the shooting attacks that
caused the death of each of the Decedents.

22. In furtherance of the conspiracy, and upon information and belief, Defendant Rita
Newcomb and Defendant Fredericka Wagner acted in concert with the other Defendants and/or
had knowledge with respect to and/or participated in the planning of the murders and/or
subsequently acted to assist in a cover up of the murders of the Decedents, including, but not
limited to, misleading investigators and falsifying documents.

23. The foregoing actions, inactions, and/or omissions of Defendants, jointly and
severally, demonstrate malice, thus, an award of punitive damages and attorney’s fees, in an
amount to be determined at trial, is appropriate and hereby demanded.
 24. As a result of their foregoing actions, inactions and/or omissions, Defendants,
jointly and severally, have caused, and continue to cause substantial and measurable damages to
Plaintiff in an amount exceeding Twenty-Five Thousand Dollars and 00/100ths ($25,000.00).

25. Plaintiff also seeks punitive damages against Defendants, jointly and severally, to
the extent permitted by Ohio law.

COUNT III – VICTIMS OF CRIME (ORC §2307.60; ORC §2913.02)

26. Plaintiff incorporates by reference all facts, statements, and allegations contained
herein as though expressly restated and re-written.

27. Upon information and belief, Defendants conspired in their actions to plan,
facilitate, implement, undertake, carry out, and/or attempt to cover the murders of the Rhoden
Family Decedents.

28. Upon information and belief, Defendant George “Billy” Wagner III, Defendant
Angela Wagner, Defendant George Wagner IV, and Defendant Edward “Jake” Wagner directly
participated and carried out the shooting attacks that caused the death of each of the Decedents.

29. Upon information and belief, Defendant Rita Newcomb and Defendant Fredericka
Wagner had knowledge of, participated in the planning of the murders and/or subsequently acted
to assist in a cover up of the murders of the Decedents, including, but not limited to, misleading
investigators and falsifying documents.

30. The foregoing actions, inactions, and/or omissions of Defendants, jointly and
severally, demonstrate malice, thus, an award of punitive damages and attorney’s fees, in an
amount to be determined at trial, is appropriate and hereby demanded.

31. As a result of their foregoing actions, inactions and/or omissions, Defendants,

jointly and severally, have caused, and continue to cause substantial and measurable damages to
Plaintiff in an amount exceeding Twenty-Five Thousand Dollars and 00/100ths ($25,000.00).

32. Plaintiff also seeks punitive damages against Defendants, jointly and severally, to
the extent permitted by Ohio law.

COUNT IV – LOSS OF CONSORTIUM

33. Plaintiff incorporates by reference all facts, statements, and allegations contained
herein as though expressly restated and re-written.

34. Upon information and belief, Defendant George “Billy” Wagner III, Defendant
Angela Wagner, Defendant George Wagner IV, and Defendant Edward “Jake” Wagner directly
participated and carried out the shooting attacks that caused the death of each of the Decedents.
 35. Upon information and belief, Defendant Rita Newcomb and Defendant Fredericka
Wagner had knowledge of, participated in the planning of the murders and/or subsequently acted
to assist in a cover up of the murders of the Decedents, including, but not limited to, misleading
investigators and falsifying documents.

36. The foregoing actions, inactions, and/or omissions of Defendants, jointly and
severally, demonstrate malice, thus, an award of punitive damages and attorney’s fees, in an
amount to be determined at trial, is appropriate and hereby demanded.

37. Upon information and belief, and as a direct and proximate result of the actions of
the Defendants, jointly and severally, as previously alleged, which actions proximately and directly
caused the death of the Rhoden Family Decedents on April 21 - 22, 2016, Plaintiff and/or the
respective next of kin of the Decedents, including, but not limited to, Plaintiff Tony D. Rhoden,
Sr. and other heirs, survivors, and/or beneficiaries of the Decedents, have suffered, and continue
to suffer damages.

38. As a direct and proximate result of the Defendants actions, inactions, and/or
omissions, Plaintiff and/or the next of kin of the Decedents, including, but not limited to, Plaintiff,
and other heirs, survivors, and/or beneficiaries of the Decedents, have suffered, and continue to
suffer the loss of services and consortium of their loved ones, namely the Decedents.

39. The underlying loss is reasonably certain to continue into the indefinite future.

40. As a result of their foregoing actions, inactions and/or omissions, Defendants,

jointly and severally, have caused, and continue to cause substantial and measurable damages to
Plaintiff in an amount exceeding Twenty-Five Thousand Dollars and 00/100ths ($25,000.00).

COUNT V – INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DISTRESS

41. Plaintiff incorporates by reference all facts, statements, and allegations contained
herein as though expressly restated and re-written.

42. Upon information and belief, Defendant George “Billy” Wagner III, Defendant
Angela Wagner, Defendant George Wagner IV, and Defendant Edward “Jake” Wagner directly
participated and carried out the shooting attacks that caused the death of each of the Decedents.

43. Upon information and belief, Defendant Rita Newcomb and Defendant Fredericka
Wagner had knowledge of, participated in the planning of the murders and/or subsequently acted
to assist in a cover up of the murders of the Decedents, including, but not limited to, misleading
investigators and falsifying documents.

44. Defendants, jointly and severally, by and through their actions, inactions and/or
omissions, have caused and continue to cause harm to Plaintiff and/or the next of kin of the
Decedents, including, but not limited to, Plaintiff, and other heirs, survivors and/or beneficiaries
of the Decedents.
 45. Defendants actions, inactions and/or omissions were intentional and/or undertaken
in direct contravention of the bounds of human decency, and contrary to applicable Statutes
enacted for the protection of Plaintiff and/or the next of kin of the Decedents, including, but not
limited to, Plaintiff, and other heirs, survivors and/or beneficiaries of the Decedents, and members
of the public and, therefore, Defendants, jointly and severally, were negligent per se.

46. At all times relevant, Defendants, jointly and severally acted intentionally with the
intent to cause Plaintiff and/or the next of kin of the Decedents, including, but not limited to
Plaintiff, and other heirs, survivors and/or beneficiaries of the Decedents, emotional distress and/or
Defendants knew or should have known their actions, inactions, and/or omissions would result in
severe emotional distress to Plaintiff and/or the next of kin of the Decedents, including, but not
limited to, Plaintiff, and other heirs, survivors, and/or beneficiaries of the Decedents.

47. Defendants conduct, including, but not limited to their actions, inactions, and/or
omissions as set forth in this Complaint, were outrageous and extreme.

48. Plaintiff sets forth that Plaintiff and/or the next of kin of the Decedents, including,
but not limited to, Plaintiff, and other heirs, survivors, and/or beneficiaries of the Decedents have
suffered and continue to suffer emotional anguish.

49. As a direct and proximate result of the previously alleged intentional and/or
negligent conduct of Defendants, jointly and severally, including, but not limited to their collective
actions, inactions, and/or omissions as set forth in this Complaint, Plaintiff and/or the next of kin
of the Decedents, including, but not limited to, Plaintiff, and other heirs, survivors, and/or
beneficiaries of the Decedents, suffered and continue to suffer, severe injuries to the mind and
body resulting in pain, disability and physical impairment, anxiety, mental anguish, emotional
anguish and/or emotional distress, including serious emotional distress of a severe and debilitating
nature, loss of enjoyment of life, inability to perform usual and ordinary activities, loss of income,
impairment of earning capacity, and reasonable and necessary medical, hospital and other health
care expenses and damages, which injuries, expenses, losses, and damages Plaintiff and/or the next
of kin of the Decedents, including, but not limited to, Plaintiff, and other heirs, survivors, and/or
beneficiaries of the Decedents, and the same will continue to incur in the future.

50. As a result of their foregoing actions, inactions and/or omissions, Defendants,

jointly and severally, have caused, and continue to cause substantial and measurable damages to
Plaintiff in an amount exceeding Twenty-Five Thousand Dollars and 00/100ths ($25,000.00).

51. Plaintiff also seeks punitive damages against Defendants, jointly and severally, to
the extent permitted by Ohio law as said conduct was malicious and/or Defendants’ “conduct is
characterized by hatred, ill will or a spirit of revenge” Preston v. Murty, 32 Ohio St. 3d 334, 335.

COUNT VI – DECLARATORY RELIEF – (ORC §2721, ET. SEQ.)

52. Plaintiff incorporates by reference all facts, statements, and allegations contained
herein as though expressly restated and re-written.
 53. There is a real, justiciable controversy by and among the Parties to this action.

54. Upon information and belief, Defendants conspired in their actions to plan,
facilitate, implement, undertake, carry out, and/or attempt to cover the murders of the Rhoden
Family Decedents.

55. Upon information and belief, Defendant George “Billy” Wagner III, Defendant
Angela Wagner, Defendant George Wagner IV, and Defendant Edward “Jake” Wagner directly
participated and carried out the shooting attacks that caused the death of each of the Decedents.

56. Upon information and belief, Defendant Rita Newcomb and Defendant Fredericka
Wagner had knowledge of, participated in the planning of the murders and/or subsequently acted
to assist in a cover up of the murders of the Decedents, including, but not limited to, misleading
investigators and falsifying documents.

57. The foregoing actions, inactions, and/or omissions of Defendants, jointly and
severally, demonstrate malice, thus, an award of punitive damages and attorney’s fees, in an
amount to be determined at trial, is appropriate and hereby demanded.

58. A real and justiciable controversy exists with respect to the dealings by and among
Defendants leading up to, during the commission of, and/or subsequent to the underlying murders
of the Rhoden Family Decedents.

59. Plaintiff, on behalf of the parties for whom Plaintiff serves as a fiduciary, and/or
the next of kin of the Decedents, including, but not limited to, Plaintiff, and other heirs, survivors,
and/or beneficiaries of the Decedents, is entitled to an Order declaring that the Defendants, jointly
and severally, acted in concert and/or are responsible for the actions, inactions and/or omissions
of Defendants, jointly and severally, whether Defendants directly and/or indirectly planned,
facilitated, implemented, undertook, carried out, and/or attempted to cover up the murders of the
Rhoden Family Decedents and/or whether they had and/or should have had knowledge of,
participated in the planning, and/or subsequently acted to assist in a cover up of the murders of the
Rhoden Family Decedents; and/or that Defendants, jointly and severally, conspired in their actions
to plan, facilitate, implement, undertake, carry out, and/or attempt to cover up the murders of the
Rhoden Family Decedents.

60. The controversies among the Parties necessitates speedy relief to preserve the rights
of Plaintiff, on behalf of the parties for whom Plaintiff serves as a fiduciary, and/or the next of kin
of the Decedents, including, but not limited to, Plaintiff, and other heirs, survivors, and/or
beneficiaries of the Decedents.

61. Plaintiff also seeks punitive damages against Defendants, jointly and severally, to
the extent permitted by Ohio law.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff, on behalf of the parties for whom Plaintiff serves as a fiduciary, and/or,
and to the extent permitted by law, the next of kin of the Decedents, including, but not limited to,