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Killer asks judge to lower sentence

October 5, 2018

Colt Lundy asked a Kosciusko County judge on Thursday to reduce the 25-year sentence he was given at age 15 for killing his stepfather in 2010.

But Lundy, now 23, will have to wait to see whether he’ll be allowed to serve out his sentence on home detention instead of inside a cell at the Westville Correctional Center.

Judge David C. Cates heard arguments in Kosciusko Circuit Court on a motion Lundy filed in September to modify the sentence, but the judge took no action. Prosecutors and a lawyer for Lundy were given the option to file briefs within 10 days, court records show.

Lundy and Paul Gingerich, then 12, shot Philip Danner to death in his Cromwell home on April 20, 2010. They and other boys planned to run away to the West Coast, perhaps to sell T-shirts, according to court documents.

Lundy said he’d have to kill his stepfather before he could go. He and Gingerich waited for Danner, 49, to come home and opened fire as he entered the living room.

Both boys received 25-year sentences after they pleaded guilty as adults to charges of conspiracy to commit murder.

Gingerich is believed to be the youngest person ever sentenced as an adult in Indiana, and a judge later assigned him to a prison for juveniles. He completed Allen County’s ReEntry Court program in July.

Lundy asks in court documents filed by attorney David C. Kolbe to serve the rest of his sentence on home detention. He so far has served his time behind bars “without adverse incident and with having completed all programs available to him, including obtaining a higher education degree,” the motion states.

It is the second time Lundy has sought a reduction in his sentence. A similar request was denied in 2016.

The Indiana Department of Correction reported last week that Lundy could be released from prison in May 2020, but the agency’s website Thursday listed a possible release date of December 2019.

mleblanc@jg.net

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