One day after Colt Lundy submitted a plea agreement in Kosciusko Circuit Court, Paul Gingerich appeared in court for a hearing.
Gingerich, 12, of Cromwell, and his attorneys, Fred Franco Jr. and William Cohen, appeared in court Thursday afternoon for a hearing on two matters.
First, the attorneys argued that the charge of aiding, inducing or causing murder that was added to Gingerich's charges after he was waived to adult court should be dismissed because it was not listed in the charges Gingerich faced at the juvenile level.
Franco and Cohen argued that because the only crime Gingerich was charged with at the juvenile level was murder, the state could not legally add the other charge because it was a "different theory, different charge from what was waived from juvenile court."
Judge Rex Reed heard the argument and Kosciusko County Prosecutor Steve Hearn's response and decided to take the matter under advisement.
The second issue discussed in the hearing was a motion filed for an interlocutory appeal. According to thefreedictionary.com, an interlocutory appeal concerns "a question of law that must be answered by an appellate court before a trial may proceed to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding."
Cohen and Franco said that there was not sufficient time for Gingerich's previous attorney to prepare for the waiver hearing, which moved the case from juvenile to adult court. They contend that there was not a full and complete investigation before the hearing and that Gingerich was not given the opportunity to have a psychiatric evaluation before the hearing.
Cohen, who did much of the speaking during the hearing, referred to Gingerich as "young Paul" or "young Mr. Gingerich" throughout the hearing and stressed that Gingerich's age was a huge factor in the decision before Judge Reed.
"This court is not without a heart," Judge Reed said. "It acknowledges that Mr. Gingerich is a very young man. On the other hand, the court has its duties.
"The court has been given jurisdiction through the juvenile court. ... It seems to me that it is my duty to exercise the jurisdiction given to me.
"... I've got (jurisdiction over the case) whether I like it or not. ... It is here and I have to deal with it."
Again, Judge Reed decided to take the matter under advisement and will announce his decision at a later date.
Judge Reed also announced that the original October trial date will be vacated and the trial will be scheduled in February. The court has scheduled Feb. 8-16 for the trial.
Another motion appealing the decision to consolidate the cases for trial will be discussed at a later time. Since Lundy submitted a potential plea agreement, the consolidation will not be an issue if the plea agreement is accepted.
