12-Year-Old Shooter Gets 30 Years In Murder
July 28, 2016 at 4:25 p.m.
By John DeGroff-
Gingerich was initially charged with murder, aiding and abetting murder, and conspiracy to commit murder.
Through a plea deal, the charges of murder and aiding and abetting were dropped, and Gingerich pleaded guilty to a charge of conspiracy to commit murder, a class A felony. The sentence was reduced to 25 years with 5 years probation.
Reed also stipulated that Gingerich will serve his sentence as part of a program in Indiana prisons known as Youth Incarcerated as an Adult.
Youth offenders in this program have no contact with adult prison populations, and are provided schooling and other programs designed for them. Reed further stipulated that Gingerich will continue in the program past his 18th birthday. A fine of $100 was also levied.
Before sentencing, the court heard from former prosecuting Attorney Steve Hearn; Gingerich's attorneys Fred C. Franco Jr. and William J. Cohen; and Gingerich's father, Paul A. Gingerich.
Reed also made extensive mention of letters received by the court from both the Danner and Gingerich families and friends; from Gingerich's attorneys and the prosecutor's office; Kosciusko County Jail administration staff, and Stephen Ross, the certified clinical psychologist who interviewed Gingerich.
Franco and Cohen, along with Gingerich's father, asked the court to not to sentence the younger Gingerich as an adult.
In addressing the court, the elder Gingerich said, "I would like to offer my condolences to the Danner family. I grieve for my son. I know what my son did was wrong. My child today is being judged as a man, which is wrong."
In offering the state's view, Hearn said, "Justice is a quality of being morally right. There is no right in this case. What about punishment? That's to compel someone to correct their behavior. That doesn't work either in this case. Whatever sentence the court makes, it's not our plan to be happy or unhappy with it. We trust your sentence will be proper."
Gingerich sat motionless during most of the hearing, flanked by his attorneys.
When asked at the start of the proceedings if he had seen the report issued by the probation department, a barley audible "Yes" was his only reply.
When given another chance to address the court he said, "I want to say I'm sorry for what the Danner family is going through. I did wrong and I'm sorry for my actions."
Gingerich, along with two others, Colt Lundy, 15, and Chase Williams, 12, were involved in the murder of Lundy's stepfather, 49-year-old Phillip A. Danner.
Danner's body was found April 20, 2010, at his residence, 9219 E. Doswell Boulevard in Cromwell.
According to investigators, Danner was shot sometime between 5 and 6:30 p.m. April 19.
Police said it was not a random act, but was believed planned for quite some time by all three youths.
Gingerich and Williams went to Lundy' home after Lundy gave them a signal. Williams reportedly helped hoist Gingerich into Lundy's bedroom, then stayed outside.
Lundy had two of Danner's handguns-a .38 caliber revolver and a .40 caliber Glock semi-automatic. The boys took the weapons into the living room and waited for Danner, who was shot four times upon entering the room.
All three boys then proceeded with the rest of their plan. Gingerich and Williams went to their respective homes and waited for Lundy to pick them up. Their original intent was to travel to California, but they changed their destination to Arizona.
Lundy's mother, Robin, was in Florida at the time of the shooting. Had she been home at the time, the plan was to tie her up and cut the phone lines to the house, court documents indicate.
After meeting up later, the boys headed west, making a stop in Peru, Illinois.
While at a Wal-Mart located just off I-80, they came under suspicion while trying to redeem a large amount of coins for bills. A store employee alerted local police who questioned the boys, and took them into custody.
LaSalle County officials found the .38 caliber revolver in plain site in the boy's vehicle along with a small quantity of marijuana.
After more questioning of the boys, Illinois authorities contacted the Kosciusko County Sheriff's Department for a welfare check on Danner, who was found dead. KCSD officers found the other weapon after executing a search on the vehicle.
For his role in the crime, adult charges were not pursued against Williams. He was charged in May with assisting a criminal, a class C felony if committed by an adult.
He will spend six years in juvenile detention for his role in the murder.
Lundy submitted to a plea agreement and plead guilty to the charge of conspiracy to commit murder, with two other charges being dropped. He received 25 years in prison with five years probation.
Gingerich was turned over to the Indiana Department of Corrections.
No determination on where Gingerich will serve his sentence has been made yet.[[In-content Ad]]
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Gingerich was initially charged with murder, aiding and abetting murder, and conspiracy to commit murder.
Through a plea deal, the charges of murder and aiding and abetting were dropped, and Gingerich pleaded guilty to a charge of conspiracy to commit murder, a class A felony. The sentence was reduced to 25 years with 5 years probation.
Reed also stipulated that Gingerich will serve his sentence as part of a program in Indiana prisons known as Youth Incarcerated as an Adult.
Youth offenders in this program have no contact with adult prison populations, and are provided schooling and other programs designed for them. Reed further stipulated that Gingerich will continue in the program past his 18th birthday. A fine of $100 was also levied.
Before sentencing, the court heard from former prosecuting Attorney Steve Hearn; Gingerich's attorneys Fred C. Franco Jr. and William J. Cohen; and Gingerich's father, Paul A. Gingerich.
Reed also made extensive mention of letters received by the court from both the Danner and Gingerich families and friends; from Gingerich's attorneys and the prosecutor's office; Kosciusko County Jail administration staff, and Stephen Ross, the certified clinical psychologist who interviewed Gingerich.
Franco and Cohen, along with Gingerich's father, asked the court to not to sentence the younger Gingerich as an adult.
In addressing the court, the elder Gingerich said, "I would like to offer my condolences to the Danner family. I grieve for my son. I know what my son did was wrong. My child today is being judged as a man, which is wrong."
In offering the state's view, Hearn said, "Justice is a quality of being morally right. There is no right in this case. What about punishment? That's to compel someone to correct their behavior. That doesn't work either in this case. Whatever sentence the court makes, it's not our plan to be happy or unhappy with it. We trust your sentence will be proper."
Gingerich sat motionless during most of the hearing, flanked by his attorneys.
When asked at the start of the proceedings if he had seen the report issued by the probation department, a barley audible "Yes" was his only reply.
When given another chance to address the court he said, "I want to say I'm sorry for what the Danner family is going through. I did wrong and I'm sorry for my actions."
Gingerich, along with two others, Colt Lundy, 15, and Chase Williams, 12, were involved in the murder of Lundy's stepfather, 49-year-old Phillip A. Danner.
Danner's body was found April 20, 2010, at his residence, 9219 E. Doswell Boulevard in Cromwell.
According to investigators, Danner was shot sometime between 5 and 6:30 p.m. April 19.
Police said it was not a random act, but was believed planned for quite some time by all three youths.
Gingerich and Williams went to Lundy' home after Lundy gave them a signal. Williams reportedly helped hoist Gingerich into Lundy's bedroom, then stayed outside.
Lundy had two of Danner's handguns-a .38 caliber revolver and a .40 caliber Glock semi-automatic. The boys took the weapons into the living room and waited for Danner, who was shot four times upon entering the room.
All three boys then proceeded with the rest of their plan. Gingerich and Williams went to their respective homes and waited for Lundy to pick them up. Their original intent was to travel to California, but they changed their destination to Arizona.
Lundy's mother, Robin, was in Florida at the time of the shooting. Had she been home at the time, the plan was to tie her up and cut the phone lines to the house, court documents indicate.
After meeting up later, the boys headed west, making a stop in Peru, Illinois.
While at a Wal-Mart located just off I-80, they came under suspicion while trying to redeem a large amount of coins for bills. A store employee alerted local police who questioned the boys, and took them into custody.
LaSalle County officials found the .38 caliber revolver in plain site in the boy's vehicle along with a small quantity of marijuana.
After more questioning of the boys, Illinois authorities contacted the Kosciusko County Sheriff's Department for a welfare check on Danner, who was found dead. KCSD officers found the other weapon after executing a search on the vehicle.
For his role in the crime, adult charges were not pursued against Williams. He was charged in May with assisting a criminal, a class C felony if committed by an adult.
He will spend six years in juvenile detention for his role in the murder.
Lundy submitted to a plea agreement and plead guilty to the charge of conspiracy to commit murder, with two other charges being dropped. He received 25 years in prison with five years probation.
Gingerich was turned over to the Indiana Department of Corrections.
No determination on where Gingerich will serve his sentence has been made yet.[[In-content Ad]]
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