Gingerich Waived To Adult Court Again
Paul Henry Gingerich, now 15 years old, was once again waived to adult court for his part in the murder of Phillip Danner in April 2010. This time there was a stipulation as to the waiver of jurisdiction and a plea agreement already filed.
Gingerich, currently a resident of Pendleton Juvenile Facility, appeared in Kosciusko County Juvenile Court Monday afternoon. Whitley County Circuit Court Judge James R. Heuer, who was appointed special judge in the matter, presided. Gingerich’s attorney, Monica Foster of Indianapolis, and his parents, Nicole and Paul A. Gingerich, were present.
Also present were members of Phillip Danner’s family and members of the county’s probation department.
Gingerich will appear in Kosciusko Circuit Court at 11 a.m. Monday, Dec. 16, for an initial hearing, according to Heuer. Gingerich was remanded back to Pendleton Juvenile Facility until the hearing and will be held without bond on the adult charges.
It has been almost a year since Indiana’s Court of Appeals remanded the case back to Kosciusko Juvenile Court by the state’s supreme court ruling. Since then, Gingerich has been at Pendleton Juvenile Facility and has undergone two psychological evaluations, one chosen by the state, the other by his counsel.
Following the hearing, Kosciusko County Prosecutor Daniel Hampton reiterated to members of the media that Gingerich cannot be dismissed from the state’s supervision until completion of his sentence.
Foster also spoke with the media noting, “I’m ecstatic with the way that it went. It gives Paul the opportunity to prove that he is worthy to be out in civilized society, an opportunity to learn the things he needs to learn before he comes out with the rest of us … He’s going to be on some form of acknowledgment until he’s about the age of 27. We’re hoping for some form of probation.
“It’s a bad situation. We have two families (who have) basically lost members of their families,” Foster added. “Lives were tragically changed. Obviously, the tragedy they endured is more permanent than the Gingerich family endured.”
Foster said a psychologist concluded at the time Gingerich entered the last guilty plea, that he was incompetent at the time and did not understand what was occurring.
Stipulation
The stipulation for Monday’s hearing was that the plea agreement – guilty on adult charges of murder, aiding, inducing and causing murder and conspiracy to commit murder – be considered and eventually accepted by the court. According to the stipulation, “In the event the … plea agreement is not accepted by the court, each party retains the right to withdraw this stipulation.”
Hampton noted that through the process of discovery on both sides, it was in the best interest of the community and the defendant to proceed with the stipulation waiver. He also noted he had numerous conversations with the victim’s family regarding the matter.
“Once in adult court, it’s spelled out in the plea agreement, that the defendant will receive the same sentence as before, with the status of the sentence altered to the new juvenile sentencing alternatives, effective July 1.” Hampton noted those alternatives are addressed in the plea agreement.
Foster, who took the case on pro bono after Gingerich’s January 2011 sentencing and subsequent appeal, addressed the competency issue brought before the appeals court stating, “He is fully competent at this time to proceed.”
She noted during his 2 years at Pendleton, officials have reported Gingerich is a model prisoner and is on track educationally to receive an honors diploma at the age of 16. “There have been no major disciplinary problems, no write ups. This factor has allowed us to come to agreement that we ask you accept,” she said.
Following Judge Heur’s explanation of what Gingerich was agreeing to and the new state law, which could include his release at the age of 18, Foster referred to an addendum in which Gingerich would serve out his sentence in some form or another.
Judge Heuer is expected to preside over the adult proceedings. Current Kosciusko County Circuit Court Judge Mike Reed was a partner with Gingerich’s initial counsel, Tom Earhart. Hearing the matter would be a conflict of interest.
Plea Agreement
The plea agreement notes two mental health professionals examined Gingerich and both determined he is currently competent and both parties agree that jurisdiction properly resides in adult court.
Also included is that Gingerich will plead guilty to Count III: conspiracy to commit murder, a Class A felony; and in return the other two charges will be dismissed. Similar to the original plea agreement.
The plea also stated that if the court accepts the agreement, a sentence of 30 years, with 5 years suspended, be given. Jail time credit will also be given on time served on the original charges and the remaining time could be suspended pursuant to the new statute to include one of the following: impose a sentence, suspend that sentence, order the defendant be placed into the custody of the department of correction to be placed in the juvenile facility of the division of youth services and direct that successful completion of his placement is such facility is a condition of the suspended sentence.
Additionally, it is written in the agreement that IDOC has created a placement plan for Gingerich in anticipation of the agreement being accepted.
Should the court accept the agreement, once Gingerich reaches the age of 18 and prior to becoming 19, the court will hold a hearing. At a sentence review hearing the court will order Gingerich remain in a state program of supervision for the duration of his sentence. This range includes department of correction maximum security facility, residential placement, electronic monitoring, community corrections program, work release, probation, parole, or other appropriate alternative sentencing program.
“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 society.”
It is also stated that the court’s determination at the review of sentence hearing will constitute a final appealable order.