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

The families gathered for the final pretrial hearing related to charges of three counts of negligent homicide stemming from an incident in February 2, 2023. The purpose of this hearing was to address a motion to dismiss the charges. However, the judge did not issue an immediate ruling, stating that more time was needed to review the arguments presented by both the defense and the prosecution. Deputy Hardy County Prosecutor Orrin Stagger said the judge is expected to rule on the motion within the next two days and will brief attorneys accordingly.

If the judge rules in favor of the prosecution, no additional pretrial hearings will be held 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 Fortune faces, he also faces charges of reckless driving, driving without proof of insurance, speeding, and 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 the JMU students, John “Luke” Fergusson, Nicholas Troutman and Joshua Mardis They were pronounced dead at the scene.

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

The Sheriff’s Office said deputies learned the vehicle was traveling south on 259 before going off the road and crashing into a tree. There were no signs of skid marks on the road indicating any type of evasive action or any indication that an animal had been hit, they said.

WHSV will continue to provide updates on this story.

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