Colt Lundy

WARSAW — Colt Lundy appeared in court today Thursday Oct. 4, not to ask for a shorter sentence, but to be placed “in a different location to finish out his sentence,” according to his attorney David Kolbe. The request was for Lundy to serve the remainder of his sentence under house arrest through Kosciusko County Community Corrections, living with his mother at the same home the murder took place.

Lundy was sentenced in 2010 at the age of 15 to 25 years on a charge of conspiracy to commit murder, in the death of his stepfather Phillip Danner, at the Indiana Department of Corrections, with five years probation. His initial release date was in September 2035. But through good behavior, successful completion of programs offered, he is scheduled for release in December 2019.

The request for sentence modification before Special Judge David Cates was taken under advisement. Cates gave each side 10 days to file briefs in relation to a matter brought before the court by the prosecution, that under state statute, someone charged with crimes such as murder is not eligible for community corrections. Cates noted during the hearing, Lundy’s charge of conspiracy to commit murder was not one of the charges listed in the statute.

During the over 90-minute hearing, the court heard from Lundy, now 23, about the facilities he has been at, programs he took and what the balance of his sentence was. He briefly spoke how he refrained from the use of drugs and alcohol, which were readily available and frequently offered, didn’t have tattoos and was not a member of any gang. It was noted the desire for the sentence modification, which was a part of the original plea agreement, would provide him an opportunity to help others, gain employment and transition to life outside of prison. “It was hard growing up in prison and it will be hard coming out in society … I don’t know how to deposit a check, apply for a job or use a smartphone. I want and need the structure home detention can give me to ease back into society and be an adult.”

Lundy was given the opportunity to address those in the courtroom, including members of Danner’s family, and read a letter he wrote to his stepsister, Natasha Hoffman, Sept. 9, 2018. Addressing the Danner family, he stated “I know that the loss I caused is irreplaceable. Nothing can be done to make up for it … decided the only thing I could do is better myself … use circumstances to help other juveniles avoid similar circumstances … growing up in prison turned me into someone who could do more good … how rough it can be on young men, avoid hardships, gangs, drugs … I will do anything I can to try to make up for what I did. I’m sorry for dragging you through this whole mess.”

While reading the letter to his stepsister, Lundy became emotional. “I’m sorry for causing you pain. I truly am. I’m not writing for consent, I’m writing to tell you I’m generally sorry. I looked up to you, trusted you and I betrayed that … I’m not some cold hearted monster … I was a dumb ass kid who could not handle what was going on with my mom and Phil. It’s not an excuse … I can never replace what I took … I truly am sorry.”

The state’s position is Lundy should complete his sentence at a DOC facility and participate in community corrections while serving his time on probation.

Chief Deputy Prosecutor J. Brad Voelz questioned Lundy if he shot Danner twice with his own gun, in his own house and in his own living room. With each question Lundy responded yes. He also pointed out when Lundy addressed the court he addressed the Phil Danner family. “Why did you not say my family?” Voelz asked. Lundy stated he understood “obviously they don’t want anything to do with me.” Lundy also later, upon cross examination after reading his letter to Huffman, stated he had written her several times and received no response. “I assumed she wanted to forget about me, so I stopped … I knew she would be made aware (of the hearing) regardless how I felt, I needed to say something.”

Lundy was directly asked why he killed Danner. “It was a stupid spur of the moment, irrational act of a kid, who didn’t know what to do, understand the options and repercussions of it.” Lundy replied.

A victim impact statement was given by Hoffman and the court was given a letter from Danner’s sister. During Hoffman’s statement, she noted writing several letters to Lundy and he never sincerely apologized for what he did, until today. She noted she was 24 at the time of the murder, had lost her mother to cancer and was a young wife and mother who had no parent to turn to. “My only parent had been taken away.” Her statement noted her young son knows the difference and consequences of doing something wrong. “I don’t know what I’m going to do if Colt is granted release … it scares me. I don’t know what he’s going to do when he gets out … not say couldn’t happen again … it does not mean he should be rewarded for those things that you’re supposed to do. He killed my dad and that fact will never change.”

Also taking the stand was Anna Bailey, director of Kosciusko County Community Corrections. Under questioning by Kolbe she stated Lundy would be accepted into the program without reservations, there were no concerns and she believes he would be successful. When Voelz questioned her if she wasn’t concerned about him returning to the location where the murder took place, she said “a little bit. But after speaking with the client I do not have concern about him going back there.”