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

Families gathered for the final pre-trial hearing on three charges of negligent homicide stemming from one incident. February 2, 2023. The purpose of this hearing was to consider a motion to dismiss the charges. However, the judge did not immediately make a decision, stating that more time was needed to examine the arguments presented by both the defense and the prosecution. Hardy County Deputy Prosecutor Orrin Stagger said the judge is expected to rule on the motion within the next day or two and will notify attorneys accordingly.

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

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

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

Fortune and the fifth passenger were flown from the scene in critical condition and life-threatening.

The Sheriff’s Office said deputies learned the vehicle was traveling southbound on 259 and then left the roadway and struck a tree. Officials said there were no skid marks on the road indicating any evasive action or any signs of an animal being hit.

WHSV will continue to bring updates to this story.

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