Billy Wagner is charged in connection with the deaths of eight members of the Rhoden family in Pike County five years ago.While it appears Wagner will avoid the death penalty because of a deal his youngest son cut with the state, his attorneys spent Thursday arguing that should be a guaranteed outcome right now."It would become unwieldy. It would become prejudicial to start this case as a death penalty case and then only after the subjectivity of how Jake Wagner proceeded at trial, that the state would then remove the death specifications," defense attorney Thomas Haney said.The request made by Haney and fellow attorney Mark Collins stemmed from the plea agreement Wagner's son, Jake, reached with prosecutors in April. As part of the deal, Jake has agreed to testify about the 2016 murders. In exchange, the state will remove death as a possible outcome for Jake, his brother George, and their parents Billy and Angela Wagner.Angela accepted a plea deal in the case last week.Billy Wagner's attorneys asked Judge Randy Deering to remove the possibility of death now instead of waiting to hear what Jake says in court, saying prosecutors agreed to a contract."He signed an agreement 'to testify' truthfully, and 'to plead' guilty. He’s pled guilty – and ‘to’ testify; that’s what he’s agreed to, your Honor," Collins said.Special Prosecutor Angela Canepa said the death penalty only goes away if Jake actually speaks out in court."The plea agreement states specifically that it’s dependent upon him fulfilling that agreement," Canepa said.Canepa's argument ended up winning the day, as Deering denied Billy Wagner's request. Wagner is due back in court Nov. 17.The fatal shootings at three trailers and a camper near Piketon in April 2016 terrified residents in a stretch of rural Ohio and launched one of the state’s most extensive criminal investigations, which led to the Wagners’ arrest more than two years later.Most of the victims were repeatedly shot in the head, and some showed signs of bruising. Three young children at the scenes were unharmed.The victims were 40-year-old Christopher Rhoden Sr.; his ex-wife, 37-year-old Dana Rhoden; their three children, 20-year-old Clarence “Frankie” Rhoden, 16-year-old Christopher Jr., and 19-year-old Hanna; Clarence Rhoden’s fiancee, 20-year-old Hannah Gilley; Christopher Rhoden Sr.’s brother, 44-year-old Kenneth Rhoden; and a cousin, 38-year-old Gary Rhoden.Prosecutors say the Wagner family planned the killings for months, motivated by a dispute over custody of the daughter Jake Wagner had with Hanna Rhoden.The Wagners used guns with homemade silencers, allowing them to kill their victims as they slept, according to one of the lead prosecutors.