Appeals court reverses boy's conspiracy to commit murder conviction

INDIANAPOLIS (WANE/AP) The Indiana Court of Appeals has reversed the conspiracy to commit murder conviction of Paul Gingerich, who was 12-years-old when he and another boy shot and killed a man in Kosciusko County in April of 2010.  The case now goes back to the juvenile court.

Gingerich was sentenced to 25 years in prison after the boy signed an agreement to plead guilty to conspiracy to commit murder. Gingerich was originally charged with murder for the killing of Phillip Danner, who was his friend's stepfather.

Gingerich fired one of the shots that hit Danner.  Colt Lundy, who was 15 at the time and Danner's stepson and Gingerich's co-defendant was sentenced to 30 years in prison and another 12-year-old who stayed outside was sentenced to juvenile detention until age 18.  The three had planned to flee to Arizona, however they were apprehended by police in Illinois after a clerk at a Wal-Mart became suspicious of their activity.

Gingerich's attorney, Monica Foster argued during a hearing on October 30, 2012 before the appeals court  that the local court rushed to judgment without considering Gingerich's maturity. Defense attorneys had complained that due process wasn't being followed and their requests for more time were repeatedly rejected, she said, even though a psychologist questioned whether Gingerich understood what was happening.

"The question really is, what is the best way to rehabilitate young man," Foster said Tuesday after the court's decision.  "Is it to throw him into the abyss that is the adult system, or is it to treat him in the juvenile system.  The juvenile system has been working with Paul since he has been convicted and they're doing a terrific job.  Paul is doing a terrific job.  It's just unnecessary to send this child to an adult prison."

In its ruling the appeals court noted that "...due process requires that  child defendants at waiver proceedings be afforded sufficient time to prepare a defense addressing both evidence of criminality as well as whether waiver would not be in the best interests of the child and the safety and welfare of the community...we conclude that Gingerich’s counsel did not have sufficient time to prepare and that he was prejudiced."

To read the entire ruling, click here.

Attorney General Greg Zoeller has not yet decided whether to appeal the ruling to the Indiana Supreme Court.  

He issued the following statement regarding the ruling: Among the most disheartening cases seen in the criminal justice system are those involving young people charged with extremely violent crimes.  For prosecutors and judges, these are among the most difficult cases as well in terms of balancing the rights of the juvenile with the safety of the community.  We will carefully review our options after consulting with the county prosecutor and conducting further research.

The appeals court ruling means Gingerich will be retried in juvenile court.  Gingerich could get a longer prison sentence if he is charged again with murder as an adult, 

Larry Landis, executive director of the Indiana Public Defender Council, attended the October hearing. He said at the time that Indiana's laws regarding adult sentencing of minors were written before scientists discovered that adolescents' brains don't fully develop until age 25.

The Kosciusko County Prosecutor was not available for comment.  His office closed early on Tuesday due to maintenance being done in his office.