MONTGOMERY COUNTY, Texas – A drug dealer has been convicted in connection with the fentanyl-related death of U.S. Army combat veteran- Justin Fortin. James Carter Smith Jr. was found guilty by a unanimous jury in what is the first fentanyl murder conviction in Montgomery County.
Texas passed a law just a month before Fortin’s death in 2023, making it a crime to supply or distribute drugs that lead to a person’s death. Prosecutors said proving fentanyl murder charges is challenging, but in this case, strong evidence led to Smith’s conviction.
Fortin’s family spoke about their pain and relief following the verdict. His father, Scott Fortin, described the ordeal as a nightmare they can never wake up from.
“I wanted him to see the pain, to see how he’s destroyed our family and shattered our bloodline,” Scott said.
Chief prosecutors, Laura Bond and Donna Hansen, credited good police work for uncovering key evidence, including text messages between Fortin and Smith that showed drug deals taking place.
“We were able to put the victim’s phone and the defendant’s phone together at relevant points in time when drug deals were happening,” said Prosecutor Donna Hansen. “That was how we were able to show the jury exactly what happened in this case.”
Surveillance footage revealed Smith used a clothing store as a front for his drug dealing operation.
“The shop was in his name. He opened up that storefront and day in and day out, he sold illicit drugs from there,” said Prosecutor Laura Bond.
Fortin’s parents shared memories of their son’s dedication to serving his country. His mother, Christine Fortin, recalled, “When he was a little boy, he would always tell me, ‘Mommy, I’m going to grow up and be a cowboy soldier.’”
Fortin served two tours of duty with the 82nd Airborne. His father said, “When he came back home, you could tell he wasn’t there.”
Struggling with PTSD and pain, Fortin eventually turned to alcohol and fentanyl. Despite seeking help and attending Camp Hope, his addiction proved deadly. Fortin’s parents said he survived and overdose month’s before his death.
“We went to a lot of rehabs and asked the VA for help. We thought we were on a good path,” Scott said. “He tried. He cried over trying to get off this medicine and could not. That’s how addictive this is. It’s a killer.”
While Smith faces up to 50 years in prison, Fortin’s family says the conviction doesn’t bring their son back.
“We are the ones that have to live this life sentence now,” Scott said.
Prosecutors noted Smith has prior convictions, including drug-related offenses. Fortin’s parents expressed gratitude for the hard work of law enforcement and hope their son’s story encourages other families to seek help for veterans or loved ones battling addiction.