Manatee County man featured in Herald-Tribune project has chance for new sentence
A Manatee County man incarcerated since 2008 for the death of his best friend in a drunk driving incident who was featured in a Herald-Tribune investigative project may be released sooner than expected.
Jabe Carney, 40, will have a de novo resentencing hearing in April after a Manatee Circuit judge granted his motion to correct an illegal sentence after spending more than 16 years in prison.
Carney was sentenced to 25 years in prison after he was found guilty by a jury of charges that included DUI manslaughter, which he received 15 years for, and fleeing to elude a law enforcement officer following his arrest for a single-vehicle crash that killed his friend, Jason Gibson.
Read the project: Two sisters move past grief to help Manatee County man who killed their brother
During his incarceration, Carney formed a close relationship with Gibson’s two younger sisters, Danyel Musser and Katherine Duffey, who reached out through letters offering their forgiveness. Since then, the two sisters have pushed for Carney to be released as they believe he's paid his debt to society while taking the blame for his friend's death.
The Herald-Tribune previously reported about Carney, Musser and Duffey's story in July 2023, describing the impact that the sisters' forgiveness has had on Carney and their efforts to get him released early from his prison sentence.
In a letter to the Herald-Tribune reporters who worked on the story, Carney wrote that the resentencing would finally be Musser and Duffey's chance to go before a judge.
"Their voices will finally be heard," Carney said.
In case you missed it: Federal judge denies motion to revoke 'Annuity King's' bond over GoFundMe donations
‘Cameras now’: Bradenton woman fights for cameras to prevent elder abuse in Florida
What's happened in Carney's case since he filed his motion to correct the illegal sentencing?
Carney filed a motion to correct what he says was an illegal sentence in May 2023 after he found two court cases that could be the key to his release.
In a motion he wrote to correct his illegal sentence, Carney states that the trial court “was statutorily mandated to impose a probationary period following any prison sentence” he received for DUI manslaughter.
His 15-year sentence didn’t include a probationary period, thus making it illegal, he states. Since the sentence improperly extended the overall sentence length to 25 years, and he has the support of the victim’s family, a lesser overall sentence should be favored, he added.
When the State Attorney's Office finally responded to Carney's motion in late October 2023, the newly assigned prosecutor argued that Carney isn't entitled to relief from his current sentence because he's already served more than 15 years in prison since his sentencing date, rendering his claim a moot point. In addition, the prosecution argued that if Carney's sentence were to be restructured, it would increase Carney's "sentence (for count one) by adding a year of probation to the statutory maximum of fifteen years that Defendant has already served."
Manatee Circuit Court Judge Stephen Whyte, in his order granting Carney's motion to correct the illegal sentence, stated that the completion of 15 years in prison in the combined 25-year sentence doesn't render Carney's claim moot because he hasn't completed his total sentencing for the two cases.
Whyte added that re-sentencing would reduce Carney's time in prison, resulting in an earlier release date which would then allow him to serve the required term of probation without exceeding his original sentence.
In Carney's letter, he mentioned that the state was seeking to have the judge who had initially sentenced him to incarceration come out of retirement for the resentencing. However, court records indicate Judge Whyte ruled that he would be the presiding judge for the hearing in April.
Two letters in support of Carney have already been submitted to Whyte, with both letters mentioning how Carney has been an exemplary inmate, how he has been rehabilitated, and how he will be an asset and contributing member of society once released.
"While the sisters of the victim have forgiven Mr. Carney, I don't think he will ever completely forgive himself," said Donna Jacobs, the programs and treatment manager at Moore Haven Correctional Facility where Carney is imprisoned. "Mr. Carney is truly remorseful for his actions. He is always polite and very humble. He works tirelessly to try and help his fellow residents with their legal cases. He never wants credit for the help he freely offers. It does not matter what I ask of Mr. Carney, he does it with a pleasant attitude. I am beyond confident that Mr. Carney will not just be a contributing member of society once released, he will be an asset."
Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on X: @GabrielaSzyman3.
This article originally appeared on Sarasota Herald-Tribune: Manatee County man to be resentenced to correct 'illegal' sentence
