Context:
FACTS AND PROCEDURAL HISTORY
In April 2010, Gingerich was twelve years and two months old, stood 5'2",
weighed about eighty pounds, and was a sixth grader at Wawassee Middle School. On
April 20, 2010, Gingerich and Colt Lundy shot and killed
stepfather, and they were subsequently apprehended in Peru, Illinois, while traveling to
Arizona.