Driver in crash that killed three JMU students seen in court for final pre-trial hearing

HARRISONBURG, Va. (WHSV) – Campbell Fortune, the driver in the crash that killed three James Madison Students (JMU) students, appeared in Hardy County, West Virginia Magistrate Court on Thursday.

Families gathered for the final hearing on charges of three counts of negligent homicide stemming from an incident February 2, 2023. The purpose of this hearing was to hear a motion to dismiss the charges. However, the judge did not rule immediately and stated that more time was needed to assess the arguments of both the defense and the prosecution. Hardy County Assistant Prosecutor Orrin Stagger said the judge is expected to rule on the motion within a day or two and notify attorneys accordingly.

If the judge rules in favor of the plaintiff, there will be no additional hearings and the trial will begin as scheduled on December 13 at 9 a.m. in Hardy County Circuit Court.

In addition to the three counts of negligent homicide that Fortune faces, he also faces counts of reckless driving, driving without proof of insurance, speeding and underage possession of alcohol by a person under 21 years of age.

According to the Hardy County Sheriff’s Office, the February 2, 2023 crash occurred on West Virginia Route 259 near the West Virginia/Virginia line, and JMU students, John “Luke” Fergusson, Nicholas Troutman and Joshua Mardis were pronounced dead at the scene.

Fortune and the fifth passenger were taken from the scene in critical condition.

The Sheriff’s Office said deputies learned the vehicle was traveling south on 259 before leaving the roadway and striking a tree. There were no signs of skid marks on the roadway indicating any evasive action and no indication that an animal had been struck, they said.

WHSV will continue to update this story.