KOSCIUSKO COUNTY — He was sentenced for his role in the shooting death of his friend's stepfather. Now, WSBT News has learned the 12-year-old boy was released from juvenile detention in November.
The boy was the only one not charged as an adult in the shooting death of Colt Lundy's stepfather, Phillip Danner. It is a WSBT News policy to not release the names of juveniles who were not charged for their crimes as adults.
On Tuesday, a judge gave 12-year-old Paul Gingerich a 30-year sentence for his role in the crime.
Lundy got the same sentence in September.
In May, 2010 the 12-year-old was charged with assisting a criminal. While it is a Class C felony, the boy's case was not waived into the adult division because he was outside the home when Paul Gingerich and Colt Lundy shot and killed Danner.
For his role, the judge ordered the boy to complete a state program. The 12-year-old's attorney said he completed that program in November.
Based on state statutes related to juvenile cases, Kosciusko County prosecutor Dan Hampton said Judge Huffer was unable to issue a fixed or determinant sentence.
"It's that small little window that the juvenile judge has to enter a fixed sentence," said Hampton. "It's got to be a specific type of crime, plus the juvenile has to be 13, 14 or 15."
WSBT News obtained a copy of the court order related to the 12-year-old's sentencing. Judge Duane Huffer ordered wardship of the boy to the Indiana Department of Corrections until the age 18, or until he completed the D.O.C program.
A public information officer with the D.O.C tells us the 12-year-old is not on probation, because he was rated a low-to-medium risk offender, and he was released to his step-father and mother.
WSBT News learned through police records that the boy's mother was arrested in December and booked on four meth-related charges:
- 2 charges of possession of paraphernalia
- 1 of possession of precursor
- 1 of manufacturing methamphetamine
Kosciusko County confirmed the woman remains in custody in lieu of bond.
WSBT News was unable to confirm the boy's whereabouts since his mother's arrest.
