Paul Henry Gingerich, 15, will get a new trial on the murder conspiracy charge that put him in prison, despite an appeal by the Indiana Attorney General to block it.

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Gingerich was 12 when he and Colt Lundy, now 17, were convicted in the April 2010 shooting death of the older boy's stepfather. A judge sentenced each boy to 25 years in prison. But the Court of Appeals ruled in December that the trial court erred in too quickly sending Gingerich's case to adult court. 

The State Supreme Court has refused to consider the Attorney General's appeal of the appellate court ruling.  That puts the case back in the hands of the Kosciusko County Prosecutor's office who will decide whether Gingerich should be tried as an adult.