Paul H. Gingerich

WARSAW — Colt Lundy’s request for a sentence modification was rejected by the court on March 24. Now the co-defentant, Paul H. Gingerich, in the murder of Phillip Danner on April 20, 2010, is waiting to learn what alternative sentencing options Special Judge James Heuer of Whitley County Circuit Court will issue. A ruling is expected in the next several months.

Gingerich, who appealed his case to the state appellate court, had his sentenced upheld but modified on Feb. 3, 2014. Heuer upheld the original 30-year term of Gingerich’s guilty plea for the class A felony crime of conspiracy to commit murder, but under “Paul’s Law,” a lesser sentence could be issued once he reached the age of 18.

The plea agreement accepted that day included that upon Gingerich reaching the age of 18, the case would again be reviewed. That time came last week.

His attorney, Monica Foster, is seeking probation for the remainder of his term, including those provided by the Indiana Department of Corrections’ Aftercare Plan. She suggested it may be appropriate to impose a period of home detention for more gradual reentry. “There is simply no legitimate penological purpose to be served by committing Paul Gingerich to further incarceration. Indeed, to commit Paul Gingerich to an adult prison would run a very real risk of destroying the progress that has undeniably been made with this young man.”

Under Paul’s Law, a judge can consider alternative sentencing options: transfer to adult prison to serve the remaining sentence, placement on probation, home detention or work release. His mother would like him to reside with her at her Fort Wayne home. He also has the support of his two sisters.

Foster filed a 28-page motion for Gingerich’s hearing. A part of that motion was the Indiana Department of Corrections status report. This history of the case was noted:

• At the age of 12 Gingerich was charged with act that would have been murder had he been an adult.
• His first guilty plea and sentence were set aside by the Court of Appeals.
• On remand, he entered a plea agreement with the state and agreed to waiver to adult court and plead guilty to conspiracy to commit murder.
• Under the plea agreement he would be housed in a juvenile facility until he reached his 18th birthday. Upon reaching that birthday, the court would convene a hearing as soon as possible for consideration whether the remainder of his sentence be ordered executed or suspended, in all or in part, and he be placed under some alternative form of supervision.
• The court accepted the plea on Feb. 3, 2014, and sentenced him to an agreed term of 30 years, 25 years executed and five years suspended.
• Gingerich turned 18 on Feb. 17, 2015.
• The plea agreement and statute require the DOC to provide the court with a status report proper to consideration of post 18 placement.

A memorandum in support of the review sentence included background of the case, the blended Sentencing Law (IC 31-30-4-5, also known as Paul’s Law,”) a review of the plea agreement and the court’s task. Also a part of the memorandum was Gingerich’s progress in the juvenile justice system.

The report includes an initial evaluation on Jan. 18, 2011, and another evaluation dated Dec. 28, 2015. Initially the DOC identified five areas of concern: poor decision making and problem solving skills; anti-social peer association; drug and alcohol abuse; education needs; mental health concerns.

Each of these areas were reviewed as part of the court documents. “It is fair to say that in all areas Paul’s effort and the consequences of that effort exceeded expectations. His level of improvement is dramatic,” Foster noted.

DOC officials note he has “worked hard to improve through group assignments, interventions, individual counseling and a program “Why Try,” and intensive mental health programming — individual and family therapy. DOC officials are quoted as stating “Paul has become aware of the need to think before he acts,” and learned how to “evaluate a situation before responding.” Gingrich is noted as completing treatment groups and individual programs such as creating a plan on how to handle old friends and negative peer pressure upon release, and creating a plan how to spend free time.

Regarding the drug and alcohol abuse report, while Gingerich is “very insightful when participating in substance abuse treatment,” … yet it is recommended he receive continued substance abuse counseling upon release.

Educationally, Gingerich completed six grades in four years, was moved to Connection Academy where he earned 37 credits and obtained a GPA of 3.8. He graduated in May 2015 having made honor roll for the year.

The report additionally noted other activities and programs he participated in while at Pendleton, which was noted as long. He was considered he was a model student, mentor to others, participated in community service and religious services, worked at various jobs. It also notes he was written up six times for failure to follow the rules, but half of the reports relate to him giving cookies to other students.

Crohn’s Disease

Medical challenges were also noted. In December 2015, he was admitted to Peyton Manning Children’s Hospital, Indianapolis, where he was diagnosed with Crohn’s disease. Medication provided no relief and in late December 2015, he had surgery to remove a large portion of his colon. A colostomy bag was attached at that time. Additional surgeries are anticipated.

Documents note since his return to Pendleton Juvenile he has been housed in the medical unit. DOC officials note virtually every website that addresses Crohn’s disease talks about the lifestyle changes, frequent depression due to the deterioration of self-esteem and anxiety accompanying the disease particularly where a young patient uses a colostomy bag.

Fisher notes Gingerich’s actions contributed to taking a man from his family and those who loved him for no rational reason … he admitted his involvement since his arrest, continues to express remorse. He has the desire to attend a four-year college and major in business management, ultimately joining the family business in Fort Wayne.