Sentenced as adult at 12, new plea may free Gingerich at 18

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A boy who at age 12 was convicted of conspiracy to commit murder and improperly sentenced as an adult to serve 25 years in prison may be freed when he turns 18, according to a pending plea agreement.

Paul H. Gingerich, now 15, would remain at the Pendleton Juvenile Correctional facility and be freed after his 18th birthday if he meets terms of the agreement that still must be approved by a judge in Kosciusko County. Under the agreement, Gingerich will be eligible for release in February 2016.

The deal comes after Gingerich’s conviction was reversed on appeal because he was denied a full investigation and hearing before the juvenile court waived his case to adult court. His counsel also was denied continuances to prepare for a waiver hearing just days after Gingerich was charged. The Indiana Supreme Court declined to review the Court of Appeals decision.

Gingerich was convicted along with then-15-year-old Colt Lundy for his role in the shooting death of Lundy’s stepfather, Phillip Danner, in his home in Cromwell. Lundy had orchestrated a plan in which Gingerich and another 12-year-old boy would take Danner’s car and go to Arizona, where Lundy’s biological father lived.

Lundy signaled Gingerich to come inside the home then supplied him with a handgun, but Gingerich said he entered the house with the intention of talking the older boy out of going through with his plan to kill his stepfather.

In the deal signed by Gingerich, defense attorney Monica Foster and Kosciusko Prosecutor Daniel Hampton, Gingerich pleads guilty to a count of conspiracy to commit murder as a Class A felony and the state drops charges of murder and aiding, inducing and causing murder.

“We have progressed a long way from where we started and think this was a just result,” Foster said. “It was a tragic, terrible crime that occurred, but the prosecutor’s office, to their credit, was willing to look at all the facts.”

Those facts include the influence Lundy exerted over Gingerich, she said. “I’m not sure the older boy intended to intimidate him, it was just the nature of the relationship.”

The plea includes the same conviction and sentence imposed in adult court – 30 years with five suspended, plus credit for time served – but it sets a review hearing after Gingerich’s 18th birthday at which time the sentence may be suspended and a judge may order his release.

“The level necessary to restrict defendant’s freedom will be directly correlated to his successfulness in completing assigned rehabilitative programs and adherence to the rules and regulations of the program, the facility, and of society,” the plea agreement says.

A proposed transitional plan for Gingerich indicates he “is currently working towards his Academic Honors Diploma at Pendleton Juvenile.” He may enroll in college courses upon completion of his diploma, at which time he also may be considered for referral to a community residential group home, according to the plan. Both of those could happen by next summer, Foster said.

“He’s really been an extraordinary student at the Pendleton Juvenile Facility,” Foster said. “He’s been sort of a leader with the other students in helping them to do the right thing.”

Gingerich has also had the benefit of twice-weekly visits from his mother, Nicole, and frequent visits from his father, Paul, Foster said.

Foster said Gingerich’s formal sentencing is expected to take place in January.

Gingerich is believed to be the youngest offender ever sentenced as an adult in Indiana, and his case rallied opponents of tough sentencing for juveniles. Indiana Code 31-30-3-4, passed in 1997, allows children as young as 10 to be waived to adult court.

Karen Grau, president and executive producer of Indianapolis-based filmmakers Calimari Productions, said a new documentary on the Gingerich case is scheduled to air on the Lifetime Network soon, now that the case has been tentatively resolved. She said an airdate likely will be decided this week.

Grau also was involved in an earlier documentary focused on Gingerich and Lundy called “Young Kids, Hard Time”  that aired on MSNBC.

Like Gingerich, Lundy also was sentenced to 30 years with five suspended for his conviction of conspiracy to commit murder. Lundy is held at Wabash Valley Correctional Facility. His projected release date is in 2022, according to the Department of Correction.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.