AP Photo/The Indianapolis Star, Kelly Wilkinson, File

FILE - In a Feb. 17, 2012 file photo, Paul Henry Gingerich sits inside a room at the Pendleton Juvenile Correctional on in Pendleton, Ind. The Indiana Court of Appeals ruled unanimously Tuesday, Dec. 11, 2012 that Gingerich had not received the due process to which he was entitled when the then-12-year-old boy accused of helping kill a friend's stepfather was tried in adult court, and ordered a new juvenile court hearing. (AP Photo/The Indianapolis Star, Kelly Wilkinson, File) (December 12, 2012)

CHARLES WILSON,Associated Press WSBT-TV

11:32 a.m. EST, March 8, 2013
INDIANAPOLIS (AP) — A Kosciusko County boy convicted in adult court at age 12 in the killing of a friend's stepfather will get a second chance to be tried in juvenile court.

A Kosciusko (kahs-ee-AHS'-koh) County court judge sentenced Paul Henry Gingerich in 2010 to 25 years in prison, concluding he and two other boys conspired to fatally shoot 49-year-old Phillip Danner.

In December, the Indiana Court of Appeals threw out Gingerich's guilty plea, saying a juvenile court should not have waived the case to adult court. It ordered a new hearing to determine if Gingerich should be tried as a juvenile.

The attorney general's office appealed. The Supreme Court on Thursday upheld the appellate court's decision.

Gingerich's attorney expressed elation Friday when contacted for comment. The state didn't respond to messages seeking comment.