The Indiana Court of Appeals decision on Dec. 11, 2012, to remand the case of Paul H. Gingerich’s conviction for conspiracy to commit murder back to Kosciusko County will stand.
The justices of the Indiana Court of Appeals on Wednesday ruled to deny a petition to transfer the jurisdiction. The matter will be remanded back to Kosciusko County.
Gingerich is serving a 30-year sentence after he pleaded guilty in 2010 to an adult charge of conspiracy to commit murder. Gingerich, along with Colt Lundy, who was 15 at the time, admitted to shooting Lundy’s stepfather, Philip Danner, multiple times in April 2010. A third boy, who was then 12, was charged with aiding and abetting but was tried as a juvenile.
Police said Danner was shot multiple times and that the boys planned out the murder for weeks.
According to Gingerich’s pro bono attorney in Indianapolis, Monica Foster, the case against Gingerich will return to the juvenile court system here in the county to determine if the boy is competent for a waiver hearing. She stated, “At this point, I don’t know if he’s matured the last two years. If he’s competent the court can proceed. It’s not a question of quilt or innocence, but mental state in the commission of the offense and if he was competent in the decision he made.”
Gingerich is currently serving his sentence at Pendleton Juvenile Correctional Facility.