Gingerich Changes Attorneys For Murder Trial
July 28, 2016 at 4:25 p.m.
By Jen [email protected]
Paul H. Gingerich, 12, of Biscayne Lane, Cromwell, originally was represented by Thomas W. Earhart, but as of July 22, the boy's representation has changed. Now Fred C. Franco Jr., William J. Cohen and Elizabeth A. Bellin will join forces to represent Gingerich in his trial for murder in Kosciusko Circuit Court.
Gingerich is accused of being one of the triggermen in the murder of Phil Danner, 59, of Cromwell, April 20. Danner's stepson, Colt Lundy, 15, is facing a murder charge in the incident as well. Along with the murder charge, Lundy and Gingerich also face an aiding, inducing or causing murder charge.
A third boy, Chase Williams, 12, of Cromwell, was sent to a juvenile facility in South Bend until he turns 18 or until a date determined by the facility.
Williams admitted to assisting his friends Gingerich and Lundy after they allegedly murdered Danner.
Lundy and Gingerich will stand trial together and face a jury beginning Oct. 5, although jury selection could begin earlier. The trial is scheduled for at least three days, but could last longer if necessary.
Due to Indiana Criminal Rule 4, which says that a defendant must be tried within six months of the date charges were filed, the boys' trial must begin before Oct. 20 unless their attorneys agree to waive the rule.
Lundy and Gingerich were waived from Kosciusko Juvenile Court to adult court by Judge Duane Huffer in a hearing April 29.
On May 27, Reed heard arguments regarding the consolidation of Lundy and Gingerich's cases for trial and took the matter under advisement. On May 28, Reed ruled that the cases should be consolidated into one case for trial.
Although there will be only one trial, the jury chosen for the case will rule separately on the boys' guilt or innocence, and if convicted, the boys will be sentenced separately.
On April 20, Lundy, Gingerich and Williams allegedly met at a park near the Danner home to put the murder plan into action. Lundy reportedly told the other boys that he would signal them he was ready to put the plan into action. Lundy then allegedly went home, gathered two guns (a .38 caliber revolver and a .40 caliber semi-automatic) and some ammunition and took them to his bedroom and signaled to the other boys to come to the home.
At that time, Williams allegedly helped Gingerich enter Lundy's bedroom through a window and waited outside.
Once inside, Gingerich reportedly took the semi automatic and Lundy took the revolver into the living room and waited for Danner to enter the room. As Danner entered the living room from the kitchen, the boys opened fire. Danner was shot four times, twice in the torso, once in the wrist and once just above the eye. At least two of the shots, one in the torso and one in the eye, were fatal wounds. Two shots reportedly were fired from each gun.[[In-content Ad]]After the shooting, Williams allegedly entered the home to view the body.
The boys then reportedly made plans to pack some things and then flee to Arizona in Danner's car. Between 3 and 4 a.m. April 21, Lundy, Gingerich and Williams reportedly stopped at a store in Peru, Ill., where they were questioned and detained by police who contacted the Kosciusko County Sheriff's Department for a welfare check on Danner.
Paul H. Gingerich, 12, of Biscayne Lane, Cromwell, originally was represented by Thomas W. Earhart, but as of July 22, the boy's representation has changed. Now Fred C. Franco Jr., William J. Cohen and Elizabeth A. Bellin will join forces to represent Gingerich in his trial for murder in Kosciusko Circuit Court.
Gingerich is accused of being one of the triggermen in the murder of Phil Danner, 59, of Cromwell, April 20. Danner's stepson, Colt Lundy, 15, is facing a murder charge in the incident as well. Along with the murder charge, Lundy and Gingerich also face an aiding, inducing or causing murder charge.
A third boy, Chase Williams, 12, of Cromwell, was sent to a juvenile facility in South Bend until he turns 18 or until a date determined by the facility.
Williams admitted to assisting his friends Gingerich and Lundy after they allegedly murdered Danner.
Lundy and Gingerich will stand trial together and face a jury beginning Oct. 5, although jury selection could begin earlier. The trial is scheduled for at least three days, but could last longer if necessary.
Due to Indiana Criminal Rule 4, which says that a defendant must be tried within six months of the date charges were filed, the boys' trial must begin before Oct. 20 unless their attorneys agree to waive the rule.
Lundy and Gingerich were waived from Kosciusko Juvenile Court to adult court by Judge Duane Huffer in a hearing April 29.
On May 27, Reed heard arguments regarding the consolidation of Lundy and Gingerich's cases for trial and took the matter under advisement. On May 28, Reed ruled that the cases should be consolidated into one case for trial.
Although there will be only one trial, the jury chosen for the case will rule separately on the boys' guilt or innocence, and if convicted, the boys will be sentenced separately.
On April 20, Lundy, Gingerich and Williams allegedly met at a park near the Danner home to put the murder plan into action. Lundy reportedly told the other boys that he would signal them he was ready to put the plan into action. Lundy then allegedly went home, gathered two guns (a .38 caliber revolver and a .40 caliber semi-automatic) and some ammunition and took them to his bedroom and signaled to the other boys to come to the home.
At that time, Williams allegedly helped Gingerich enter Lundy's bedroom through a window and waited outside.
Once inside, Gingerich reportedly took the semi automatic and Lundy took the revolver into the living room and waited for Danner to enter the room. As Danner entered the living room from the kitchen, the boys opened fire. Danner was shot four times, twice in the torso, once in the wrist and once just above the eye. At least two of the shots, one in the torso and one in the eye, were fatal wounds. Two shots reportedly were fired from each gun.[[In-content Ad]]After the shooting, Williams allegedly entered the home to view the body.
The boys then reportedly made plans to pack some things and then flee to Arizona in Danner's car. Between 3 and 4 a.m. April 21, Lundy, Gingerich and Williams reportedly stopped at a store in Peru, Ill., where they were questioned and detained by police who contacted the Kosciusko County Sheriff's Department for a welfare check on Danner.
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