Prosecutor Seeks 1 Trial For 2 Murder Suspects
July 28, 2016 at 4:25 p.m.
By Jen [email protected]
Colt Lundy, 15, and Paul Gingerich, 12, face murder charges for allegedly killing Lundy's stepfather, Phil Danner, 49, in his Cromwell home April 20.
The boys were waived from juvenile court to adult court at a hearing April 29 in front of Kosciusko Juvenile Court Judge Duane Huffer.
Since the evidence and investigation are basically the same in both cases, the Kosciusko County Prosecutor's Office filed a motion in Kosciusko Circuit Court to have the cases consolidated, meaning that there would be one trial for both boys.
Thursday, attorneys for both Lundy and Gingerich made arguments against the approval of the motion.
Kosciusko Circuit Court Judge Rex Reed heard the arguments and decided to take the matter under advisement and will announce his decision at a status conference June 3.
Lundy's attorney, David Kolbe, argued that trying both boys together would impair his client's right to a fair trial. Kolbe also said that this case is unique because of the ages of the defendants involved and that holding one trial for both boys gives the prosecution "an unfair strategic advantage" and pits the defendants against one another.
Kolbe said the boys come from unique homes, lifestyles and backgrounds, and they should be tried separately.
Thomas Earhart, Paul Gingerich's attorney, added that this case is complex and there are several reasons that the cases should not be consolidated. He said that the defendants are separate and distinct individuals, and that their age difference is something that should be considered, adding that there is probable evidence that their brain development is in different stages. Earhart also said that because each boy had a separate and distinct relationship with the victim and each had a different degree of participation in the planning and preparation for the alleged murder, it would not be fair to prosecute them together.
Earhart said that if both defendants were tried together, there could be finger-pointing taking place and the defendants could try to shift responsibility for the act.
Reed will make a decision on the motions and announce his decision June 3. A decision on a bond motion by Kolbe will also be announced at that status conference.[[In-content Ad]]
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Colt Lundy, 15, and Paul Gingerich, 12, face murder charges for allegedly killing Lundy's stepfather, Phil Danner, 49, in his Cromwell home April 20.
The boys were waived from juvenile court to adult court at a hearing April 29 in front of Kosciusko Juvenile Court Judge Duane Huffer.
Since the evidence and investigation are basically the same in both cases, the Kosciusko County Prosecutor's Office filed a motion in Kosciusko Circuit Court to have the cases consolidated, meaning that there would be one trial for both boys.
Thursday, attorneys for both Lundy and Gingerich made arguments against the approval of the motion.
Kosciusko Circuit Court Judge Rex Reed heard the arguments and decided to take the matter under advisement and will announce his decision at a status conference June 3.
Lundy's attorney, David Kolbe, argued that trying both boys together would impair his client's right to a fair trial. Kolbe also said that this case is unique because of the ages of the defendants involved and that holding one trial for both boys gives the prosecution "an unfair strategic advantage" and pits the defendants against one another.
Kolbe said the boys come from unique homes, lifestyles and backgrounds, and they should be tried separately.
Thomas Earhart, Paul Gingerich's attorney, added that this case is complex and there are several reasons that the cases should not be consolidated. He said that the defendants are separate and distinct individuals, and that their age difference is something that should be considered, adding that there is probable evidence that their brain development is in different stages. Earhart also said that because each boy had a separate and distinct relationship with the victim and each had a different degree of participation in the planning and preparation for the alleged murder, it would not be fair to prosecute them together.
Earhart said that if both defendants were tried together, there could be finger-pointing taking place and the defendants could try to shift responsibility for the act.
Reed will make a decision on the motions and announce his decision June 3. A decision on a bond motion by Kolbe will also be announced at that status conference.[[In-content Ad]]
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