Gingerich Sentencing Set for February
July 28, 2016 at 4:25 p.m.
By Kaitie Vanderpool-
As a part of the plea agreement presented Monday to Special Judge James R. Heuer of Whitley County, Gingerich had the right to be sentenced within 30 days. However, Gingerich and his attorney, Monica Foster, waived that right and agreed to a sentencing date of Feb. 3 at 11 a.m.
Gingerich was accused of helping Colt Lundy, 15 at the time of the incident, kill Lundy’s stepfather, Phil Danner, 49, on April 20, 2010. Danner was shot four times and died in his residence.
A third youth involved, Chase Williams, age 12 at the time of the murder, was released from Juvenile detention in January 2011.
Williams did not take part in the shooting, but waited outside. He later met up with Lundy and Gingerich and left the area with them.
Williams was charged with assisting a criminal and was sentenced to six years in juvenile detention. He was the only one of the three who was not charged as an adult.
Lundy was originally charged with count 1: murder; count 2: aiding, assisting or inducing murder; and count 3; conspiracy to commit murder. He pleaded guilty to count 3 and was sentenced to 30 years in prison.
Gingerich was charged identically and also entered a guilty plea to count 3 Monday after his case was waived to adult court. Similar to Lundy’s sentence, Gingerich agreed to a 30-year sentence with five years suspended. However, unlike Lundy, Gingerich will serve his sentence under a new state statute dubbed “Paul’s Law” in legal circles.
The new law went into effect July 1. It allows a judge to sentence a juvenile to serve time in the Indiana Department of Corrections youth services division. It also grants judges the leeway to revisit a juvenile's case after sentencing – even to modify the terms for children showing progress toward rehabilitation.
Gingerich’s case will be reheard when he turns 18 and the judge then has the discretion to adjust his sentence.
Danner’s family was present in court Monday and County Prosecutor Daniel Hampton said their reaction to the new statute was one of acceptance.
“Their feelings as to whether (the statute) is right or wrong, they believe exactly that;” he said, “that the statute is to add the rehabilitation measures and not misdirect the responsibility measures. They feel that responsibility still needs to be where it is directed and that is at Paul Gingerich.”
Gingerich’s attorney said Gingerich does accept responsibility and does feel sorry for his actions.
“He has been very remorseful since I met him,” Foster said. In fact, she said after his initial guilt plea, he wrote Danner’s family a letter of apology, but the letter was never released from prison as Gingerich was not permitted to communicate with the victim’s family.
Hampton confirmed Gingerich had penned a letter of apology and said the victims family is planning to issue a statement of impact at the February sentencing. He said the family will also likely express they would like to see the letter.
Gingerich will reappear in front of Judge Heuer Feb. 3 at 11 a.m. He was transported back to Pendleton Juvenile Corrections after Monday’s hearing to await his February sentencing.[[In-content Ad]]
As a part of the plea agreement presented Monday to Special Judge James R. Heuer of Whitley County, Gingerich had the right to be sentenced within 30 days. However, Gingerich and his attorney, Monica Foster, waived that right and agreed to a sentencing date of Feb. 3 at 11 a.m.
Gingerich was accused of helping Colt Lundy, 15 at the time of the incident, kill Lundy’s stepfather, Phil Danner, 49, on April 20, 2010. Danner was shot four times and died in his residence.
A third youth involved, Chase Williams, age 12 at the time of the murder, was released from Juvenile detention in January 2011.
Williams did not take part in the shooting, but waited outside. He later met up with Lundy and Gingerich and left the area with them.
Williams was charged with assisting a criminal and was sentenced to six years in juvenile detention. He was the only one of the three who was not charged as an adult.
Lundy was originally charged with count 1: murder; count 2: aiding, assisting or inducing murder; and count 3; conspiracy to commit murder. He pleaded guilty to count 3 and was sentenced to 30 years in prison.
Gingerich was charged identically and also entered a guilty plea to count 3 Monday after his case was waived to adult court. Similar to Lundy’s sentence, Gingerich agreed to a 30-year sentence with five years suspended. However, unlike Lundy, Gingerich will serve his sentence under a new state statute dubbed “Paul’s Law” in legal circles.
The new law went into effect July 1. It allows a judge to sentence a juvenile to serve time in the Indiana Department of Corrections youth services division. It also grants judges the leeway to revisit a juvenile's case after sentencing – even to modify the terms for children showing progress toward rehabilitation.
Gingerich’s case will be reheard when he turns 18 and the judge then has the discretion to adjust his sentence.
Danner’s family was present in court Monday and County Prosecutor Daniel Hampton said their reaction to the new statute was one of acceptance.
“Their feelings as to whether (the statute) is right or wrong, they believe exactly that;” he said, “that the statute is to add the rehabilitation measures and not misdirect the responsibility measures. They feel that responsibility still needs to be where it is directed and that is at Paul Gingerich.”
Gingerich’s attorney said Gingerich does accept responsibility and does feel sorry for his actions.
“He has been very remorseful since I met him,” Foster said. In fact, she said after his initial guilt plea, he wrote Danner’s family a letter of apology, but the letter was never released from prison as Gingerich was not permitted to communicate with the victim’s family.
Hampton confirmed Gingerich had penned a letter of apology and said the victims family is planning to issue a statement of impact at the February sentencing. He said the family will also likely express they would like to see the letter.
Gingerich will reappear in front of Judge Heuer Feb. 3 at 11 a.m. He was transported back to Pendleton Juvenile Corrections after Monday’s hearing to await his February sentencing.[[In-content Ad]]
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