BY ANNIE HOLLER
MOUNTAIN CITIZEN
INEZ — Two inmates convicted in Martin County and several in surrounding counties could become eligible for early release after a Franklin County judge struck down part of Kentucky’s Safer Kentucky Act, a ruling the state’s top prosecutor warns could free more than 240 violent offenders statewide.
Attorney General Russell Coleman filed an emergency motion with the Kentucky Court of Appeals seeking to block the decision while the legal challenge continues.
Among those affected are two inmates from Martin County, three from Floyd County, two from Johnson County, and one from Magoffin County.
The legal dispute stems from a February ruling by the Franklin County Circuit Court that invalidated part of the Safer Kentucky Act that expanded the definition of a “violent offender.” The law added crimes such as strangulation, reckless homicide, attempted murder and carjacking to the category.
The Attorney General’s office warned that unless the Court of Appeals intervenes, the ruling could allow the state parole board to begin releasing inmates who would otherwise be required to serve at least 85% of their sentences before becoming eligible for parole.
“The General Assembly passed the Safer Kentucky Act to protect families and support law enforcement,” Coleman said. “Unless the Court of Appeals intervenes, more violent criminals will soon be back in your neighborhood.”
Under Kentucky law, inmates classified as violent offenders cannot receive probation, shock probation, parole, conditional discharge or other early release until they have served at least 85% of their sentence.
Martin County cases
One of the inmates affected is Austin Jackson of Warfield, who is serving a 30-year sentence after pleading guilty Dec. 19, 2024, to six felony charges, including the rape of two minors. His sentencing occurred March 6, 2025.
The plea agreement included two counts of second-degree rape involving a mentally incapacitated victim, two counts of second-degree unlawful transaction with a minor and two counts of first-degree bail jumping. He received five years for each of the six charges, with the sentences running consecutively for 30 years.
Under the Safer Kentucky Act, Jackson must serve 25.5 years — 85% of his sentence — before he can be released.
If the court ruling stands and Jackson is no longer classified as a violent offender under the law, he could become eligible for parole in 2032 after serving about six years, roughly 20% of his sentence.
Another inmate connected to Martin County is John Perry, 76, of Eastlake, Ohio, who is serving three concurrent five-year prison terms, totaling five years, for child sexual abuse involving a child under 12 and another minor under 16. He pleaded guilty in September 2024 and was sentenced in January 2025.
If the Safer Kentucky Act provisions are not upheld, Perry could become eligible for immediate release because he has already served more than 20% of his sentence.
Other regional inmates
Other inmates from surrounding counties who could become eligible for early release include:
Floyd County — Jonathan Fannin, first-degree sexual abuse; William Hall, first-degree strangulation and first-degree criminal abuse; Kathy Salyer, second-degree sodomy
Johnson County — Angel Gibson, first-degree strangulation; Sierra Meagher, first-degree burglary
Magoffin County — Jeremy Garner, first-degree strangulation
The Kentucky Court of Appeals has not yet ruled on the Attorney General’s emergency request.