Juvenile Slay Suspects To Be Tried As AdultsTwo juveniles accused of killing a Cromwell man April 20 have been waived to adult court.
After nearly two hours of testimony in Kosciusko Juvenile Court Thursday afternoon, Colt Lundy, 15, and Paul Gingerich, 12, learned that they will face murder charges in Kosciusko Circuit Court.
Lundy and Gingerich allegedly plotted to murder Lundy's stepfather, Phillip Danner, 49, of Cromwell, April 20 and then flee to Arizona in a stolen car.
Another juvenile, Chase Williams, 12, faces charges of aiding in a murder. Thursday, Kosciusko County Deputy Prosecutor Dan Hampton made a motion to separate the charges against Williams from the charges filed against Lundy and Gingerich. Williams still faces a waiver hearing to determine if he will be tried as an adult, but it has not yet been scheduled.
A fourth juvenile, who has not yet been named, also could face charges related to the crime; however, he has not been detained or faced a hearing for his alleged involvement in the case.
Judge Duane Huffer heard testimony from a detective investigating the case as well as Colt Lundy's mother, Robin Danner, several members of Gingerich's family and a juvenile probation officer who dealt with a case involving Lundy in 2009.
Before announcing his decision to waive the juveniles to adult court, Huffer said Danner was "a victim in his own home. He provided shelter and care to Colt Lundy. ... The victim was a legal stranger to Paul Gingerich."
Huffer then remanded custody of Lundy and Gingerich to Kosciusko County Sheriff Rocky Goshert. They will be held in the Kosciusko County Jail without bond, and while in jail, their educational needs will be met.
Kosciusko County Detective Jon Tyler testified that the plan to kill Phil Danner began "between a month and two weeks" prior to the April 20 murder.
Lundy, Gingerich, Williams and the fourth juvenile allegedly met at a park near the Danner home the day of the murder to continue formulating the plan and put it into action. Lundy reportedly told the other boys that he would signal the other boys when 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.
According to Tyler, two shots were fired from each gun.
After the shooting, Williams and the fourth boy 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.
Lundy's attorney, John Barrett, called Robin Danner, Lundy's mother, to the stand to explain why she felt he should be kept in the juvenile system.
"Something went very wrong," Robin Danner said as she fought back tears. "I would like to know what happened.
"The juvenile justice system is trained to work with him. There are people who are professionally trained to give him the attention and help he may need. ... My hope is that Colt gets the help he needs."
Robin Danner testified that Lundy had never been violent to her and described him as an honor student who did not display violent behavior either at home or at school. She said Lundy was not violent to people or animals.
Huffer also heard testimony from Brian House, a juvenile probation officer in Kosciusko County, about an incident involving Lundy last year.
Lundy was placed on probation in June 2009 for shooting a BB gun at a neighbor who was mowing his yard on a riding lawnmower. The man was shot several times, including once on the lip below the nose, once in his hand and once in the rear right shoulder. Lundy went through an "informal adjustment" in the juvenile probation system, which is the least restrictive form of probation available.
House said Lundy complied with all the rules of his probation and was released in October, after four months of the scheduled six months of probation suggested because he was compliant with his probation officer and had no other disciplinary problems.
However, House said, Lundy initially refused to take responsibility for his actions and refused to apologize.
Gingerich's attorney, Thomas Earhart, called several witnesses, including the boy's mother, Nicole Gingerich, to the stand to testify to his client's character.
Paul Gingerich was described as an average student who was respectful to his mother and siblings. His mother said he did what he was told and was a good listener.
Nicole Gingerich said Paul has been involved in a couple incidents at school, but none of theme were violent, and the trouble was usually homework-related.
Huffer also heard testimony from Ronald Babcock, the chief probation officer in Kosciusko County.
Babcock explained the difference between the juvenile and adult system. He said that juveniles can be sentenced to as little as six months of punishment or probation or they can be sentenced to serve time until their 18th birthday.
In adult court, the presumptive sentence for murder is 55 years, with mitigating or aggravating circumstances adding or subtracting 10 years.
Babcock also said with the crime of murder, juvenile options are very limited. Only one facility in southern Indiana will consider taking juveniles accused of murder. A few private facilities house juveniles accused of murder, but those options are limited as well.
When asked his opinion about Lundy and Paul Gingerich, Babcock said they "should be waived into the adult system."
Before Huffer made his decision, Earhart asked the judge to take into consideration Gingerich's age,the fact that he had no prior contact with the juvenile justice system, had no history of cruelty, got good grades, had no real discipline problems at home or at school, was not involved with drugs or alcohol, had no history of running away, and was not involved in any prior incidents involving guns.
Earhart added that Paul Gingerich should remain in the juvenile system "because of his inability to understand and appreciate the consequences of what he was doing."
Hampton also addressed Huffer before the decision was made, saying Lundy and Paul Gingerich planned the murder and were the "triggermen." He said each boy shot at least twice, hitting Danner four times. They then stole a car and headed west toward Arizona.
"Let us not forget the nature of this crime," Hampton said.
