UPDATE: Gingerich Sentence Upheld, Modified
Whitley County Circuit Court Judge James R. Heuer upheld the original 30-year term of Paul Gingerich’s guilty plea for the Class A felony crime of conspiracy to commit murder. But, under the new Paul’s Law, which came about because of this case, the now 15-year-old could get a lesser sentence in just 3 years.
Under the new plea, Gingerich, who has been held in the Indiana Department of Corrections system since the age of 12 when he was convicted, will be housed at the Pendleton Juvenile Facility until the age of 18. At that time, his case will again be reviewed.
The sentencing hearing concluded just under an hour in Kosciusko County Circuit Court this morning and included testimony from the victim’s sister and, for the first time, a verbal apology from Gingerich.
Kim Wilson took the stand in court to address Gingerich, one of three teens convicted for the April 2010 murder of her brother, Phil Danner. She said, “We wear a band daily that says … there was no time to say good-bye, you were gone before we knew it and only God knows why. Paul, I don’t think you truly understand yet what you have taken from us.”
She continued, “Phil was a good person with family and friends, goals and accomplishments. He did not deserve to die. He did not deserve to be stalked and murdered in his own home … his life should not be overlooked because minors (committed the crime).
“As a family we’ve accepted that we won’t ever understand why this has happened. The misguided focus of the tragedy has been on your age and not the crime you committed. You willingly pulled the trigger and made the decision to run … Paul, this did not happen to you; you did this. This happened to Phil and our family and friends. We are the victims, not you.”
Paul Henry Gingerich was 12 when he and a friend — Colt Lundy, then 15 — shot and killed Lundy’s stepfather, Danner in his living room on April 20, 2010. The boys then ran away with a plan to head to the west coast. They were apprehended in Illinois shortly after the murder.
Hoping to avoid a potentially longer sentence, Gingerich’s family initially agreed Gingerich would plead guilty to a charge of conspiracy to commit murder. He was sentenced to 25 years in prison.
But, under the new Paul’s Law, the case was revisited by the Indiana Court of Appeals and sent back to Kosciusko County. Paul’s Law allows blended sentencing for juvenile offenders of serious crimes.
Wilson told the court and Gingerich that Danner’s family was “not given options in this plea agreement. As the victims, we have no rights or say so in your punishment.” Answering a question by Prosecutor Dan Hampton Wilson added, “We were told about a plea agreement, but not really given an opportunity to disregard it because of the new law. We were satisfied with the original sentencing.”
With the plea, that was accepted this morning, Gingerich was remanded to the Pendleton Juvenile Facility until he is at least 18 years old. At that time, the court and the IDOC will review his progress and a determination will be made on whether to move him back to a maximum security facility for the remainder of the 25-year term, assign him to another state supervised program for the completion of his 25-year sentence or release him on probation which could include home monitoring.
“I believe God and your family has forgiven you, but I myself struggle with that,” Wilson told Gingerich, noting the absence of any kind of apology. “We were told you had written a letter of apology but D.O.C. would not allow it to be sent. If that letter exists, our family would like to request an opportunity to read it. … Your ongong litigations and lack of remorse keeps us struggling.”
Defense attorney Monica Foster said the lack of an apology from her client was her fault, explaining, “I take responsible for not permitting Paul for truly expressing how he feels. When documented things are made, they splice and dice what’s important. Both Paul and his family have struggled with how they may might approach the Danner family.”
However, just before his sentencing, Gingerich stood and faced the judge. His body trembling and his chin quivering, he said, “I thought a lot about what I did to the Danner family … you no longer pick up the phone and call your brother and husband and ask for advice. If I can change what I done; it was my accident and I have to live with that the rest of my life. I’m very sorry for what I’ve done and nothing will bring him back or ease your pain or make you grieve less. I know that sorry isn’t enough.”
Judge Heuer acknowledged receiving a letter from the victim’s daughter and said he read it numerous times over the weekend. “I’ve wondered how in the world this can happen,” he said. “And now I have all of these reports, studies and evaluations and I still don’t understand how in the world this happened. It’s a horrific crime and tragedy and it’s an unfair as anything that can be … Mr. Gingerich is a very young man and certainly did one horrible, very bad thing.”
In his sentencing, Judge Heuer found one aggravating factor in Gingerich’s case, that being Wilson’s statement during this morning’s hearing and the letter received by Danner’s daughter. “The mitigators are your age and the expression of remorse you showed here today.”
Hampton told the judge that the family is agonizing after having to continue to go through court proceedings in this case. “The pain they are feeling in indescribable,” he noted. But he also explained, “The defendent will remain in the state’s supervision for the entire 30-year sentence. He won’t be released this summer or when he’s 18.”
Judge Heuer upheld the initial 30-year sentence, but allowed 5 years to be suspended to be served on probation. The terms of his probation will prohibit him from consuming alcohol or illegal drugs, be subject to search and seizure, and undergo counseling as recommended by his probation officer.
When Gingerich turns 18 and prior to his 19th birthday, the court will review his progress in the juvenile system and determine further programs of supervision to complete the full 30-year punishment.