By K. Mauser, contributor
MOOREFIELD, W.Va. — More than two years after three JMU fraternity brothers died in a wreck after a rush event, the driver of the car that night, Campbell Fortune, received Tuesday a 90-day jail sentence with a seven-year parole period and a $100 fine.
Fortune, earlier, had entered a “no contest” plea to one count of negligent homicide and one count of speeding.
This closes one legal chapter of a saga that dates back to February 2023, when Fortune, then 19 years old, ran his black Honda Accord off the road while going up to 95 miles per hour, according to criminal case documents. Fortune’s car, with four passengers, slammed into a tree, killing on impact three of the passengers — Luke Fergusson, Nicholas Troutman, both of Richmond, and Joshua Mardis of Williamsburg.
“Not a single day has passed since that one night that I haven’t thought about those three young men,” Fortune said through sobs in his statement Tuesday. “I wish I could switch places with [them] every day.”
Although each family made it clear they wanted the maximum sentence for the negligent homicide charge — a one-year jail sentence and a $1,000 fine — imposed on Fortune during their individual statements, the families agreed in their collective statement that they were “grateful” the court listened to their concerns.
“The Court’s sentence is the first small measure of justice our families have received in West Virginia since the horrible night we lost our sons,” the statement read. “We opposed the plea deal from the beginning. And we knew that nothing that happened today would end our suffering or help us make sense of our terrible losses. But we are grateful to the Court for listening to our families, considering the evidence, and imposing a thoughtful and fair sentence.”
Fortune was originally charged with three counts of negligent homicide and one count of speeding as well as charges for reckless driving with injury, no proof of insurance and unlawful acts of persons for handling nonintoxicating beer for the beer cans found in the car — originally pleading not guilty to each of these misdemeanor charges but later accepting a no-contest plea. Despite the presence of both beer and nitrous oxide cans in the car, Fortune’s defense attorney said Fortune had no alcohol or other substances in his system except amphetamines from his prescribed Adderall.
Jessica Troutman, whose son Nicholas died in the crash, said the last two years have been excruciating. But she said Tuesday’s hearing brought relief to her and her family knowing that some justice was served.
The Troutmans considered themselves close with Fortune and his family, said Jessica and her husband, John, and son, Jack. Fortune lived only five houses down from them. He spent dinners at their house regularly and even vacationed with the Troutmans. When the news first broke that Fortune was the driver that night, Jessica said she would have been “willing to forgive him” had he not dodged responsibility at every opportunity.
“The defendant has not shown our family the smallest bit of remorse,” Jessica said in her statement. “He has never said, ‘I’m sorry’ to the family until today.”
Jack said he hoped imposing the maximum sentence on Fortune would allow him to take responsibility for his actions for what “seems like the first time.”
“I don’t want to remember that I once called him a friend,” Jack said. “Sadly, I’m not surprised he’s shown no signs of remorse.”
The Troutmans are preparing to move to Florida — 700 miles away from their hometown — a decision made in light of the pain they’ve experienced in the death of their son.
The Mardis family shared a similar view. Odette Mardis, between sobs, said her heart was broken and “will continue to break every day” in the wake of the crash that killed Joshua..
Liza Fergusson, Luke’s sister, said when Fortune first returned home after the crash, her family entered into a “life sentence” of pain and suffering, compounded by Fortune’s efforts to evade responsibility.
“To say this has been a long and painful journey does not even begin to describe it,” mother Anne Fergusson said. “Luke’s death has ruined my life.”
In father John Fergusson’s statement, he said his family hopes to advocate for more regulation surrounding the purchase and use of nitrous oxide, additional laws criminalizing drivers under the influence of marijuana and legislation making reckless driving offenses such as this a felony in West Virginia in order to prevent injuries and deaths for young adults like Luke.
Judge John Treadway Jr. ruled that Fortune was, without a doubt, speeding “recklessly” late at night on an unfamiliar road, showing immaturity and carelessness. Fortune will serve his 90-day sentence in Potomac Regional Jail, with his seven-year probationary period prohibiting him from both consuming alcohol and being present in locations where alcohol is served.
“The damage to the victims … [was] devastating and permanent,” Treadway said.
However, Fortune isn’t the only one facing legal issues as a result of the crash.The families of the three passengers who were killed filed multi-million dollar wrongful-death lawsuits in Virginia against the unrecognized fraternity Pi Beta Chi (PBX), its owner and 28 of its current and former members, claiming the defendants caused each death through dangerous hazing practices. A date has not yet been scheduled for the civil case to be heard.
“I am sorry from the bottom of my heart and I’ll never stop being sorry,” Fortune said in his statement. “It kills me that I’m alive and [they’re] not.”
Thanks for reading The Citizen, which won the Virginia Press Association’s 2022 News Sweepstakes award as the top online news site in Virginia. We’re independent. We’re local. We pay our contributors, and the money you give goes directly to the reporting. No overhead. No printing costs. Just facts, stories and context. We value your support.
