INDIANAPOLIS – The Indiana Court of Appeals says a boy who was convicted at age 12 of helping to kill a friend's stepfather deserves a new trial.
The court ruled unanimously Tuesday that a lower court judge didn't allow enough time for due process before waiving Paul Henry Gingerich into adult court. The court ordered a new trial in a juvenile court.
Gingerich was one of three northeastern Indiana youths charged in the killing of 49-year-old Phillip Danner in a plot to run away to Arizona in 2010. He fired one of the shots that hit Danner and is serving a 25-year sentence for conspiracy to commit murder.
A 15-year-old co-defendant was sentenced to 30 years in prison and another 12-year-old who stayed outside was sentenced to juvenile detention until age 18.