Judge deliberates DUI sentence of former coach

SARASOTA -- After hearing arguments Wednesday afternoon, a Sarasota County judge continues to deliberate whether she will reduce former Braden River High School football coach Josh Hunter's 10 years and five months prison sentence.

Defense attorney Brett McIntosh and assistant state attorney Art Jackman argued the case before Judge Donna Berlin in a nearly two-hour hearing at the Sarasota County Courthouse.

Hunter was found guilty May 17, 2010, of DUI manslaughter after a weeklong trial before Berlin. He began serving his sentence May 15 of this year.

Hunter was driving his Ford F150 pickup, occupied by three other men, on March 21, 2009, when he lost control causing the truck to overturn.

The men were returning to Bradenton from a colleague's cookout where they had been drinking together.

Hunter's best friend, Doug Garrity, was thrown from

the truck and died shortly afterward.

Hunter has been held in the Sarasota County jail, instead of being sent to prison, pending this sentence modification hearing.

McIntosh called several people to testify, including the parents of the deceased Garrity, and Hunter's wife, who spoke on the defendant's behalf. Hunter also addressed the courtroom.

Nearly 100 people -- some former students -- attended the hearing in support of Hunter, McIntosh said.

The minimum sentence for the charge is four years, an amount of time Hunter believes is appropriate, according to his attorney. Hunter's sentence is at the low end of recommended guidelines for the crime, Jackman said. The sentence was previously affirmed in a court of appeals.

"We could put someone back into society who is a teacher and a coach, who can teach or mentor people about the mistakes he has made along the way and what led to this," McIntosh said. "We think he can be a powerful voice to young people. That's how everybody in the courtroom felt about it."

McIntosh said if Hunter serves the full sentence, it would cost taxpayers approximately $200,000.

Jackman argued the sentence should remain as is.

"He may have been a good teacher, a good coach and a good husband, but when he got behind the wheel of his pickup truck that evening he became a criminal and endangered everyone on the roads with his truck as a deadly weapon," Jackman said. "I made no apologies for taking a tough stance on impaired drivers, especially those that are responsible for killing other people."

Following his arrest and during his trial, Hunter spent two years out of jail on appellate bond wearing a monitoring bracelet and abiding by other court-mandated restrictions, McIntosh said. The bracelet ensured Hunter consumed no alcohol. During that time, Hunter worked two jobs in construction and heavy machinery, his attorney said.

"I talked to the company that monitors the bracelet and nobody has ever come close to successfully spending two years on one," McIntosh said. "He's a law-abiding person. That's what he is always going to be."

Jackman reminded the judge of evidence presented during Hunter's trial, showing the defendant had between 15 and 30 drinks and a .215 blood alcohol level the night of the incident.

Jackman said he believes Berlin will make a decision within a couple of weeks.

Berlin could set Hunter's sentence anywhere between the minimum four years and the 10 years and five months he is currently serving.

Elizabeth Johnson, Herald crime reporter, can be reached at 941-745-7041.

This story was originally published June 28, 2012 at 12:00 AM with the headline "Judge deliberates DUI sentence of former coach."