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.
Boy rehabilitating well
The attorney for a 12-year-old northeastern Indiana boy who's won a new trial after being convicted at age 12 of helping to kill a friend's stepfather says her client should be "the poster child for successful juvenile rehabilitation."
The Indiana Court of Appeals says Paul Henry Gingerich wasn't given due process when a judge waived him into adult court, where he was sentenced to 25 years behind bars.
Attorney Monica Foster says Gingerich is doing "extremely well" in the juvenile justice system. She says he's a straight-A student with no disciplinary problems and participates in his rehabilitation program "with flying colors."
That's why Foster believes Gingerich isn't risking a longer sentence with the new juvenile hearing that the appeals court ordered Tuesday.
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