Special Judge James R. Heuer, of Whitley County, accepted Paul Gingerich’s plea agreement Monday morning and convicted the now 15-year-old in the 2010 shooting death of a friend’s stepfather. Gingerich was sentenced pursuant to the plea agreement. He had been facing a 30-year sentence with five years suspended for conspiracy to commit murder. As part of the plea agreement, he will remain in Pendleton Juvenile Corrections until age 18, when the court will hold a review hearing. At that time, based on Department of Corrections recommendations, Gingerich will either serve his full sentence in the DOC, be placed in a residential facility, be electronically monitored, be placed in a community corrections program, work release, or serve probation, parole, or another appropriate alternative sentence. Gingerich, 12 at the time of the incident, 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, however, unlike Lundy, Gingerich will now 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. Members of Danner’s family were present in the courtroom Monday and Danner’s sister, Kim Wilson, took the stand to issue an impact statement. “Paul,” Wilson said, “I don’t think you truly understand what you’ve taken from us ... I want you to know Phil was a good person ... and he did not deserve to die ... and he does deserve justice.” Wilson said she doesn’t think justice for her brother should be overlooked simply because his killers were minors. “You willingly pulled the trigger and chose to run ... You left him dying on the floor while you went home to eat dinner with your mother ...,” Wilson said to Gingerich. “This did not happen to you. You did this.” Heuer later gave Gingerich an opportunity to make a statement. Gingerich addressed the court and said he has thought a lot about what he has done to the Danner family and feels remorseful Danner’s family can no longer call Danner on the phone, share happy moments with him or get advice from him. “If I could, I would change what I have done,” said Gingerich crying. “It was my actions that are responsible for your suffering and I have to live with that the rest of my life ... I know that sorry is not enough.” Heuer addressed Gingerich and said though the crime was horrific and “as unfair as anything could be,” he hasn’t read anything in the case that leads him to believe Gingerich is the type of person to willingly commit murder. “I don’t know that you are a bad person,” he said to Gingerich, “but you certainly did a horribly bad thing, do you understand that?” Heuer said Gingerich’s age and explanation of his remorse were the mitigating factors in deciding to accept the plea agreement and both the State and Gingerich’s attorney said the sentencing went exactly as they had expected it would. “(Prosecuting Attorney) Dan Hampton and I worked together cooperatively and successfully,” said Monica Foster, Gingerich’s attorney. “I think this is the best resolution for this case.” “The pain (Danner’s family) must be experiencing is indescribable,” said Hampton, and said he hoped Monday’s sentencing would bring closure to them and allow them to begin healing.
