WARSAW, Ind. (Indiana’s NewsCenter) - The 15 and 12-year-old Kosciusko County boys charged with murder appeared in adult court for the first time, Thursday morning.
Police say the boys murdered Lundy’s stepfather, 49-year-old Phillip Danner, last month while their 12-year-old friend stood watch outside.
The prosecutor wants to try 15-year-old Colt Lundy and 12-year-old Paul Gingerich together. But their attorneys are arguing to separate the cases.
“I represent the step-son,” Colt Lundy’s attorney David Kolbe said. “He was a very unique situation in that home. We have a substantial amount of evidence that will come as to what that home life was like. I know nothing about Paul Gingerich's home life, I suppose I'll learn about it, but his life is going to be very different than Lundy's. To pack those two boys before the same jury deprives them of a fair trial."
Kolbe says combining the cases would take away their constitutional right to a fair trial.
But the prosecutor showed there is a precedent allowing two murder defendants to be tried together.
Thursday each boy's attorney argued they should be tried separately, saying the 12- and 15-year olds have different mental capacities, and that since each boy had a different relationship with the victim, their cases should not be combined.
The judge is expected to rule on that issue next month.
Twelve-year-old Chase Williams who stood watch outside for Lundy and Gingerich allegedly is the only boy legally considered a juvenile.
The judge for Williams ruled he spend the next six-years in a juvenile detention center and to be released when he's 18.
The judge is expected to rule on separating the cases of Lundy and Gingerich on June 3rd. Until then they will remain in custody at the Kosciosko County Jail and could face up to 65-years in prison.
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