Two Kosciusko County Kids To Be Tried As Adults

By Scott Sarvay
By Laura Donaldson

June 18, 2010 Updated Apr 29, 2010 at 7:04 PM EDT

WARSAW, Ind. (Indiana’s NewsCenter) – Two young Cromwell boys are behind bars for allegedly killing one of their stepfathers.

Fifteen-year-old Colt Lundy and 12-year-old Paul Gingrich will be charged as adults in the murder of 49-year old Phillip Danner.

12-year old Chase Williams was excused from Thursday’s hearing because the judge ruled he was not a trigger person. But, he could still face adult charges.

Police say Lundy and Gingerich murdered Lundy's stepfather Phillip Danner last week in his home while Williams stood watch.

They say the three boys planned the murder on the playground, and then tried to escape to Arizona.

On Thursday, both Lundy and Gingerich’s mothers took the stand to testify for their sons.

Lundy's mother, Robin Danner, says her son is an honor's student, hasn't had many disciplinary problems or violent activity. But probation officer Brian House says Lundy was put on an “informal adjustment” for four months last year because he allegedly shot a BB gun at one of his neighbors who was mowing his lawn. Lundy apparently refused to apologize or admit he hit the neighbor several times.

Gingerich’s mother, Nicole Gingerich, says her son has always been respectful and never had any trouble with the law.

Neither boy has had a past history with drugs or alcohol, according to police.

Kosciusko County's Chief Probation Officer, Ronald Babcock, testified that the boys would benefit more if charged as adults. He says if they were charged as juveniles then they could be released at age 18 and may not receive proper re-habilitation.

“Obviously we're disappointed with the judge's decision,” Lundy’s attorney John Barrett said. “And it's likely we'll appeal it. You know, we'll have to let the case proceed from here and live with the judge's decision for today.”

Kosciusko County Prosecutor Dan Hampton says the boys will be moved from the juvenile facility where they had been staying.

“They will be held in an adult facility,” Hampton said. “They can not be co-mingled with juveniles at this time because they have been found to be waived as an adult and should be treated as such in the facility.”

Lundy and Gingerich are facing up to 65-years in jail or prison.

Lundy, Gingerich, and Williams could face additional charges. We’ll know more about these possible charges later this week.

Lundy and Gingerich’s next hearing date has not be scheduled.

Williams is being held at a juvenile facility until his next hearing. He’s next hearing date has not been scheduled.

The fourth boy who detectives say may be involved in the planning of the murder has not been charged according to Hampton. He says the investigation is ongoing and more could come out regarding this boy.

Stay with the networks of Indiana's NewsCenter for the latest on this developing story.

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