Paul Gingerich, 14, wants conspiracy to commit murder charge overturned

Court of Appeals hears case

INDIANAPOLIS - An Indiana boy who was 12 when he was sentenced to 25 years in prison for helping a friend kill the other boy's stepfather went before the Indiana Court of Appeals on Tuesday hoping to get the conviction overturned.

Attorneys for Paul Gingerich said the judge failed to consider whether a sixth-grader was mature enough to be tried as an adult.

The state's attorneys argued that Gingerich waived his right to appeal as part of a plea agreement on a charge of conspiracy to commit murder. The boy is now 14.

The boys killed Phillip Danner, 49, at his home near Lake Wawasee in northern Indiana in 2010 because he stood in the way of their plans to run away to Arizona.

Colt Lundy, who was 15 at the time of the killing, pleaded guilty to the same charge and was sentenced to 30 years in prison.

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