HARDY COUNTY, W.Va. — The attorney representing Campbell Ryan Fortune, the driver involved in a deadly crash that claimed the lives of three James Madison University (JMU) students in 2023, has filed a motion requesting the court to exclude any evidence related to nitrous oxide, also known as “whippets,” found in the vehicle.
Fortune, now 21 years old, was charged following the February 2, 2023, crash along West Virginia Route 259 that killed John “Luke” Fergusson, 19, of Richmond; Nicholas Troutman, 19, of Henrico County; and Joshua Mardis, 20, of Williamsburg. According to court documents, the group had traveled to Paradise City Gentlemen’s Club in Hardy County from Harrisonburg, Virginia. After spending an hour at the club, Fortune, along with the three victims, was driving back toward Harrisonburg when the car swerved off the road and crashed into a tree.
The crash occurred just four miles from the club, with the vehicle’s speed reportedly increasing from 83 mph to 95 mph just half a second before the collision. The impact caused the car to pivot violently around the tree and come to rest upright. Although Fortune was not found to have alcohol in his system, witnesses reported seeing him smoking marijuana earlier that night.
The discovery of nitrous oxide-related items inside the car, including a used canister, an opened package of whippets, and a “cracker”—a device commonly used to release N2O from canisters—led investigators to consider whether the gas played a role in the crash. Nitrous oxide, often used recreationally for its intoxicating effects, is not illegal to possess in West Virginia, though its use can impair motor skills and cognitive function.
However, Fortune’s attorney, Daniel R. James, filed a motion on February 3, 2025, asking the court to exclude evidence related to nitrous oxide. James argued that there is currently no scientifically validated method to test for the presence of nitrous oxide in a person’s system or to determine how long its effects might impair a driver after use. In his motion, James emphasized that possession of nitrous oxide is not prohibited under West Virginia law, making it irrelevant to the case at hand.
Fortune had initially been charged with three counts of negligent homicide, along with reckless driving, underage possession of alcohol, lack of insurance, and speeding. In a significant development, Fortune accepted a plea deal on February 25, 2025, in Hardy County Circuit Court. Under the terms of the agreement, he pleaded guilty to one count of negligent homicide and one count of speeding, both misdemeanors. Negligent homicide in West Virginia is punishable by up to one year in regional jail and a fine ranging from $100 to $1,000. The speeding charge carries a fine of up to $100.
The plea deal has been met with strong opposition from the families of the victims. In a statement provided to 8News, the families of Troutman, Fergusson, and Mardis expressed their dissatisfaction with the outcome. “The Troutman, Fergusson, and Mardis families strongly oppose the plea deal, which was clearly expressed to the Hardy County Prosecutor prior to the plea offer. Allowing Mr. Fortune to plead No Contest to one count of negligent homicide (a misdemeanor charge) for three deaths and reducing reckless driving to a speeding charge diminishes the gravity of this tragedy and is unfathomable to our families,” the statement reads.
The case has sparked a broader conversation about the adequacy of the legal consequences in cases involving impaired driving and the use of recreational substances like nitrous oxide. While the plea deal resolves the criminal charges, the families and many in the community believe it fails to reflect the full extent of the consequences of Fortune’s actions. The motion to exclude evidence related to the whippets also raises questions about how the legal system should handle cases where substances with impairing effects are involved but cannot be definitively linked to a driver’s state at the time of a fatal crash.
As the case moves forward, it remains clear that the families of the victims are seeking greater accountability and justice, while the legal system grapples with how best to address the complexities of impaired driving in the 21st century.
