The Indiana Court of Appeals has set a time at 11 a.m. Oct. 30, to hear oral arguments in the  conviction appeal of Paul H. Gingerich, whose address at the time of his sentencing was Biscayne Lane, Cromwell.

Now 14 years old, Gingerich was charged as an adult in Kosciusko County for the 2010 shooting death of Philip Danner. He was 12 years at the time of the murder.

Danner was shot and killed by Gingerich and Colt Lundy in his home in Enchanted Hills.

Monica Foster, Indianapolis, filed an appeal in the case shortly after Gingerich was
sentenced in January 2011. Kosciusko Circuit Court Judge Rex Reed accepted a plea sentencing Gingerich to 30 years in prison with credit for time served, which preliminarily was 250 days and five years suspended.

Reed also stated he would recommend Gingerich be placed in the Department of Correction’s juvenile program. Gingerich reportedly is at  Pendleton Juvenile Correctional Facility.

The appeal is based on the argument that Gingerich was too young to understand the crime and his rights, thus not competent to understand and that he should never have been waived to adult court. The claim is also that the court did not properly evaluate Gingerich’s developmental state, ignored requirements for handling juvenile cases and violated his right to due process by pushing the waiver hearing
through in a matter of days, not allowing for his defense in the waiver.

The state had requested the appeals court to dismiss the request as Gingerich and his parents had agreed to the plea agreement prior to the judge’s acceptance. That request was denied.

On April 20, 2010, Gingerich and Lundy shot and killed Lundy’s stepfather. Both were convicted of the crime.

Through a plea agreement, Gingerich pleaded guilty to conspiracy to commit murder, a class A felony, with charges of murder and aiding or causing murder
being dismissed.

Colt Lundy, who was 15 at the time of the shooting, was also waived to adult court and entered a plea agreement where he would plead guilty to the charge of conspiracy to commit murder, a class A felony, and the charges of murder and aiding or causing murder were also dismissed. Lundy was sentenced to a 25-year term in IDOC.

According to the Indiana Department of Corrections offender registry, Lundy remains in the Wabash Valley Level 4 Facility with an earliest possible release date of April 27, 2022.

A third individual, Chase Williams, who was 12 at the time, was not waived to adult court and was charged with aiding or causing murder. He was sentenced to the South Bend Juvenile Detention facility on May 26, 2010, and was to remain there until the age of 18. However, Williams completed a program set by the juvenile facility and was released after serving only approximately six months.