Manatee County man featured in H-T project expected to be released from prison in 7 months

Jabe Carney bowed his head, his shoulders hunched over the wooden table in the courtroom as he listened to his best friend’s younger sister speak. He would soon learn if his lifetime prison sentence would be shortened.

From a certain angle, it was difficult to tell if Carney was crying as his shoulders shook and the chains on his wrists jingled until a court deputy handed him a box of tissues.

Danyel Musser smiled as she peered at Carney from the witness stand, explaining to Manatee Judge Stephen Whyte that the man sitting before her was not the same “child” who went into the prison system in 2008 for her brother’s death. Now, he'd become a man who had accepted guilt and received forgiveness from herself and her sister, Kathryn Duffey.

“He built a family that was bigger than what he had before,” Musser said. “He built a solid place to land and has people that aren’t just going to be there for him, but they’ll hold him accountable.”

Musser added that it would be an injustice to keep him in the system any longer.

'I forgive you': 2 sisters move past grief to help Manatee County man who killed their brother

Carney, a Manatee County man incarcerated since 2008 for the death of his best friend in a drunk driving incident and who was featured in a Herald-Tribune project, gave a quick wave to those in the gallery as he was escorted into the room.

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.

A judge granted Carney's motion that he filed in May 2023 to correct an illegal sentence after spending more than 16 years in prison.

After close to two hours of individuals speaking on behalf of Carney, and Carney himself addressing Whyte, the judge resentenced Carney for Count 1 - DUI manslaughter, to 13 years of incarceration with credit for all time served followed consecutively by two years of probation.

Carney’s initial sentence for DUI manslaughter was 15 years with no probation, which Carney argued was an illegal sentence in his motion. Carney was also sentenced to 5 years for driving while license suspended involving death and 5 years for driving with license suspended, habitual offender to be served consecutively, meaning his total prison sentence was 25 years.

Whyte’s ruling Tuesday shortened the total prison sentence to 23 years followed by two years of probation.

In addition to the deductions made for Carney’s good behavior, he is expected to be released in about seven months — just in time to spend the holiday season with his loved ones.

Haley Smith, Carney's older sister, was petrified during the hearing and wasn’t expecting his sentence to be reduced.

“I hate to say it, but I was not expecting that,” Smith said. “I was trying to think positive and pray, but I was definitely pleased.”

She’s happy with the outcome, but a little torn about where Carney will end up following his release. Smith, who lives in Ohio, understands that he has a base in Florida, but hopes he’ll pursue a fresh start closer to her.

Musser felt no anxiety walking into the courthouse and knew they were walking into a good day.

“It’s time for him to get out,” Musser said. “He needs to do what’s best for him and give himself the chance that he worked so hard over the last lot of years to get. He really deserves it. He deserves a chance.”

'I'm not that person anymore': Carney, supporters share reasons he should be released earlier

In total, about seven people, including Carney, spoke during the hearing but a total of more than a dozen individuals showed up in person and via Zoom to support the 40-year-old.

It was an aspect not lost on Judge Whyte.

“Way too often when I'm doing these sorts of sentencing hearings, there’s no one in these rooms,” Whyte said. “... So, it’s good, Mr. Carney, that you made these changes and it appears that you have a strong support system that’s going to welcome you back with open arms and help you keep going with how you’ve been doing.”

Whyte added that if he had a magic wand, he’d put the Jabe Carney that was sitting before him into a time machine so he could go back to 2004 to have a serious sit down with his 19-year-old self to tell him what he was capable of.

Carney, speaking softly as he usually does, told the judge he was grateful to be able to take responsibility and admit in court that he was the one driving the day Gibson died.

“I take full responsibility for Jason’s death … I deserved to be punished and Judge Dunnigan was right, she said, ‘No matter how many times I was told not to drive, I just kept driving,’” Carney said. “But by the Grace of God, I’m not that person anymore. This might sound crazy, but prison actually saved my life.”

He added that there was no excuse for his actions, that it was his immaturity, stupidity and recklessness that resulted in the accident.

Carney was adamant that he would not re-offend once released from prison as he is fully aware “that I am just one drink or one drug away” from destroying the life he has built for himself.

He hopes to share his story to help prevent other young people from making the same mistakes

Marshall DeRosa, who supervised Carney in a civics course that was offered at the prison, said that out of all the aides he had over his years of hosting classes at prison, Carney was the top one.

“There’s so much human capital in individuals like Jabe,” DeRosa said. “It’s heartbreaking to see guys with this potential that they can actualize in civil society.”

DeRosa said he would bet on his life that Carney will not reoffend if he’s released.

“We’re trying to change the culture – not only of the inmates –  but of the public,” DeRosa said. “A lot of these guys in there have made mistakes, but who hasn’t?”

During Musser’s testimony, the state prosecutor brought up a letter that Gibson’s mother wrote during Carney’s initial sentencing hearing.

Gibson’s mother was unable to speak at the hearing due to her medical state. Her mental state has suffered because of her medical abilities, Musser said, and she’s a different person than she was during the original sentencing.

The prosecutor asked her if she thinks that her mom’s feelings have changed, but Musser said that she believes she would have still held onto the bitterness and not have changed feelings. Still, Musser believes that Carney has served his time and keeping him in prison would be an injustice to society.

“He paid his debt to society and my family,” Musser said. “In a place that is meant to stunt your growth, a place that is structured to keep you down and hold you victim to your circumstances — he managed to grow.”

This article originally appeared on Sarasota Herald-Tribune: Manatee County man featured in H-T project expected to be released