WARSAW — Paul H. Gingerich originally had an Oct. 28, 2022 projected release date from the Indiana Department of Corrections. That release date has now been modified to April 28, 2020, by Kosciusko Circuit Court Special Judge James R. Heuer.

Gingerich was sentenced in January 2011, at 12 years of age, to 25 years in the Indiana Department of Corrections with five years suspended and to be served on probation, for the offense of conspiracy to commit murder, a class A felony. He appealed and won. Through a plea agreement on Feb. 3, 2014, he was given the same original sentence, but under “Paul’s Law,” his case would be reviewed when he reached the age of 18. He turned 18 Feb. 17. The review began on April 22.

Today, in the continuation of the April 22 hearing, Heuer modified and reduced Gingerich’s original sentence to “30 years, 20 years to serve and the balance of 10 years suspended.”

The order reads:

“Effective Nov. 11, Gingerich will be placed at an adult level 2 facility for a period of 300 days (less 120 days Community Transition Program early release and less any ‘earned good time credit.’) The recommended placement is the Correctional Industrial Facility, Pendleton, SNAP unit. (Gingerich now suffers from Crohn’s Disease.)

“Upon completion of the portion of the sentence at the adult facility, he will be assigned the Community Transition Program for placement in Allen County Re-Entry Court Program for a minimum of one year, where he shall serve the remainder of his executed sentence on home detention/electronic monitoring with Allen County Community Corrections, if eligible, while complying with all requirements of the Re-Entry Court Program and home detention/electronic monitoring and pay all required fees.

Upon his successful completion of all Community Transition Program, Re-Entry Court Program and Allen County Community Corrections requirements, he shall be placed under adult probation supervision for 10 years and comply with the terms of the sentencing order, subject to the modification entered.

“At the date of this modification, the defendant has earned 2,341 actual days toward his executed sentence.”

Gingerich, who was sentenced prior to a change in the state’s sentencing law in 2014, is eligible to receive one day credit for each day served.

The hearing took less than 15 minutes in the auxiliary courtroom in the Kosciusko County Justice Building.

While Dan Hampton, county prosecutor, had nothing further from the state’s position to present, other than two letters from family members, he did ask the court’s assistance to help correct an error in the state’s criminal reporting system with the NCIC/IDACS system. “Still to this date no convictions (of juveniles) are entered,” he stated noting this is used by police and court agencies to run background checks on individuals.

He stated he was told those 12 years of age are never entered into the criminal history system. He asked the judge to assist in any means possible to get this corrected.

Gingerich Speaks

Gingerich addressed the court in a brief statement. “During my stay, as part of my treatment program I learned to handle problems … one program I recently completed was moral recognition therapy,” said Gingerich. He explained he learned how to make decisions that are morally right.

During an exercise where he was to write down the five most important relationships to him, “It reminded me of how I hurt the community and loved ones …” He stated with what he learned he feels he could have a positive influence and be a “law abiding citizen if given a second chance.”

I committed a horrible crime. I’m sorry. I’m sorry for my role in Phil Danner’s murder, for the pain I caused for his family, my family … sorry will never be enough for the pain I cause.”

Monica Foster, counsel for Gingerich since his appeal in late January 2011, noted it was one of the harder cases, recognized the Danner family present and that the actions “will never be rectified.”

She stated Gingerich will carry the actions he caused “for the rest of his life.” She shared how Gingerich became very emotional reading the letters from the family members filed with the court. “This is not uncommon,” she said about Gingerich, who has “suffered greatly” (from his actions) and has nightmares.

She asked the court to let Gingerich prove to the court, to the community and Danner family “he is truly sorry and remorse for his actions.” She noted the improvements he has made since his incarceration at Pendleton Juvenile Facility. Additionally she noted his employment, involvement in counseling and mentoring others at the facility. “He will continue on that path once released into the community with restraints and I’m satisfied that his behavior in Pendleton will continue to be his behavior in the community.”

Heuer commended the attorneys involved on their professionalism. He noted he had been in communication with agencies on the options available. “I’ve been doing this about 25 years and have had difficult cases … this doesn’t fit the niche that I’ve ever dealt with. This is new territory for me.”

He noted being touched by letters from the family but that he must also balance the good things: accomplishments vs. violent nature of the crime committed.