Indianapolis (www.incnow.tv) - The state court of appeals has overturned the adult conviction of Paul Gingerich.
Gingerich was 12 in April of 2010 when the crime was committed and later convicted in the death of a Cromwell man.
Gingerich and 15-year-old Colt Lundy shot and killed Lundy's step-father, Phillip Danner while their friend, 12-year-old Chase Williams, stood watch outside.
Gingerich was sentenced as an adult to 25-years in prison.
The appeals court judge said more time was needed for Gingerich's legal team to identify witnesses, review evidence and conduct interviews.
Gingerich legal team said they wanted him to go through psychological evaluations which could have taken 2 or 3 weeks to complete.
The case will be sent back to Kosciusko County circuit court and Indiana Attorney General Greg Zoeller will decide whether or not the ruling will go to the Indiana supreme court.
Gingerich will remain in police custody throughout this process.
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