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February 4, 2010

Convicted murderer charged in double shooting

Thirty-four-year-old James L. Fortune knows the term "suspended sentence" well. When he was convicted of first-degree murder in 1995, he got 20 years in prison with 10 years suspended. When he violated his probation in 2004, the judge gave him 10 years but suspended just about all of it. And when he pleaded guilty to drug distribution in 2009, he again received 10 years with the balance suspended.

Now he faces charges of first-degree murder in a January 2008 double-shooting at a West Baltimore liquor store that left one man dead and another paralyzed.

Fortune, of the 1100 block of N. Mount St., was pulled over during a traffic stop in December and police found a semi-automatic handgun that has since been linked to the Jan. 24, 2008 shooting of Sidney Millner, 25, and Natavein Henry, 31, according to charging documents. Millner was shot in the neck and died at Maryland Shock Trauma Center, while Henry was paralyzed from the neck down.

Detective Kirk Hastings wrote in charging documents that witnesses identified Fortune as the person responsible for the shooting, but the Dec. 7, 2009 traffic stop that uncovered the handgun provided the evidence to charge him. Fortune has been held without bond since then on charges related to that incident, court records show.

UPDATE: Prosecutors respond to Fortune's list of suspended sentences, saying that in the case of the drug conviction Fortune had completed his parole and probation and had no drug convictions. Prosecutors offered a split sentence - meaning that Fortune would serve some jail or prison time - that it was undercut by the judge with a suspended sentence offer.

Posted by Justin Fenton at 1:26 PM | | Comments (18)
Categories: Courts and the justice system, West Baltimore
        

Comments

Who are these Judges that give these suspended sentences? Perhaps this judge should be forced to explain why they thought a convicted murderer belonged in our society?

HELLO?!? This man is not going to change! Quit suspending his sentences and get him off the streets!!

The media (Baltimore Sun included) must publish the names of the judges in these types of cases. Tell us now (and in the future):
Who suspended 10 years in 1995 (he would have been in prison till 2015)?
Who suspended almost 10 years in 2004 (he would have been in prison until 2014)?
And, again, who suspended the sentence in 2009?
If this criminal (Fortune) had been in prison he could not have killed and paralyzed people in 2008.
Our news media needs to give the public the information we need to know. We have to vote to "retain" judges, but we don't get data on whether they make good decisions to protect the public.

Here's the challenge: the online court records do not indicate the judge, and even if you can discern it using some of the tracking information at the bottom of a given case entry, it's tough to say whether the judge undercut the plea deal or accepted what prosecutors and the defense agreed to. Certainly, one could argue that a judge's inaction equates to an endorsement, but there's a feeling that we need to know more about the circumstances of the plea before placing it squarely at the feet of the judge. What I can give with confidence is 'what happened,' but not always 'why' or 'who' -Justin

What criminal system continully release repeat offender, that clearly have not been rehabilitated? Maybe if Judges were publically named and penalized they wouldn't be swayed for whatever reason so easily.

Someone should be held accountable. Judges and Prosecutors should be publicly exposed. We are not talking about theft, assault, or selling drugs. We are talking about lives, these were human beings.I cannot imagine how the families of the victims feel.I know that in out Liberal Society an Eye for an Eye won't cut it but life behind bars should be a clear alternative!

This case highlights the problems with ELECTING judges. Just as Justins answer explains, WE THE VOTERS have no access to the judges case load over the years. IF we could see their cases and the outcomes, we could then make informed voting choices.

Is it possible for a citizen to sue a judge for something? For example, the person that was paralyzed by the shooting--could they sue the judge under the premise that this judge should have never allowed Forturne to be out free? I know that it would be unlikely to win, but is it even legal to name a judge in that type of case?

this is crazy he was convicted of 1st degree murder then violated probation and another drug offense and then another murder??? WTF is wrong with the justice system he should have never be released after 10 for a FIRST DEGREE MURDER what was he an informant or something???I mean give me a break this is why Bmore is called Murdermore Buryland....SMDH

Everyone should remember that judges are just incompetent, political hack lawyers who get their jobs mainly through sucking up to politicians.

It's too easy for Justin to say that "the online court records do not indicate the judge." Reporters should be doing research so they can inform the public. There must be court records that show the judges involved in all cases. Walk to the courthouse and look it up. Your readers need the information.

We can always do more. -Justin

All the information about the judges is online. I found it easy. Maybe I should be a crime reporter for the Sun since I seem to be able to find publicly available info that he cannot.

My point was that the judge's involvement - whether they merely upheld a prosecutor's plea agreement or undercut it by imposing their own sentence - is unclear in the online database and I'm not sure the case file itself will illuminate it. But please, send us a resume. -Justin

I am a relative of Sidney Millner and since his death I have been praying for this day! Asking that the truth come to light. After knowing what i have learned today, I believe that more than just the punk behind the gun should be punished. And they call themselves the justice system.

In Cases Like This, The Judges Should Be Thrown Off The Bench. I Guess By Releasing These Animals Back Into The Community, The Judges, Who DON'T Live In The City, Can Go To Their Suburban Homes And Don't Even Think Twice About The Innocent Who Live And Work In Baltimore City. So What Do These Judges Do? Release These ANIMALS Loose In The City of Baltimore To Devour The Innocent. Hey Judges...Would You Release These Animals To Roam In Your Community?

Justin is being respectful, especially since the judge who gave him probation for drug dealing is the same judge involved as a similar incident recently (the one who gave him probation for violating probation passed away). On the drug case, suppose the facts were really questionable or that there were some serious inconsistencies in the police reports....maybe that justified the plea agreement. Of course, some judges would say to a convicted murder ...go to trial and try to get a not guilty, but I'm not giving you a break. This judge just isn't that kind. He's in over his head in the criminal area. He's spent his career in civil practice.

Dear Frank, you are wrong. Not the same judge.

This year's ballot in Baltimore City will include not only the State's Attorney, but a list of newly appointed Circuit Court judges. This is not only a golden opportunity to question Mrs. Jessamy and hold her accountable. We can actually endanger the tenure of some members of that most arrogant branch of our government, the judiciary.

The best way to do this is to field at least one challenger to the slate of Sitting Judges. Nothing gets their attention more than an outsider who might pick one of them off. The finest candidate I know is Page Croyder, former deputy state's attorney, who ran for judge once before. She really doesn't want to do it again, but I think she would respond to a popular draft. For those unacquainted with her, she has a superb blog at Marc Steiner's website, centerforemergingmedia.org. She knows how the judges operate, she knows how Mrs. Jessamy operates, and the very least that a new challenge from her would accomplish would be to force these issues into a public forum, make the judges explain and defend themselves, and remind them that in Maryland and the rest of the United States, all government is still accountable to the people.

I don't see how anyone can be so naive. Here's a guy shooting people and distributing drugs, and all they can do is suspend his sentence? Come on. In what way is this justice. I just hope to see someone take initiative and make sure this doesn't happen again.

Just got off the jury for this, the state did a sub par job presenting evidence, A LOT was left out. I wish they'd brought this up as it would have probably been a lot easier to see the loopholes defense tried to play but at least we know our verdict was fair. I am so glad that we found him guilty and the families will get peace.

Whoever was responsible for letting him out should be sent back, these two men would not have been injured and killed (respectively) had he been where he was supposed to be: rotting in jail.

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About Peter Hermann
Peter Hermann started covering news for The Baltimore Sun in 1990, first in Anne Arundel County and, starting in 1994, reporting on the Baltimore Police Department. In 2001, he was assigned to Jerusalem as the Baltimore Sun's Middle East correspondent. He returned in 2005 as an assistant city editor overseeing crime coverage. In 2008, Peter returned to the beat as a daily reporter and blogger. A recent BBC report featured him in a segment on the harsh realities of covering crime in Baltimore.

Coverage will focus on crime trends, problems in neighborhoods in the city and elsewhere, profiles of victims and police officers and try to offer readers a fresh perspective on one of the most vexing issues facing Baltimore and its future.



Contributing to this blog is Justin Fenton, who joined The Sun in 2005 and has covered the Baltimore City Police Department and the criminal justice system since 2008. His work includes an investigation into Cal Ripken Jr.’s minor league baseball stadium deal with his hometown of Aberdeen, a three-part series chronicling a ruthless con woman, coverage of the killing of five Amish children at a schoolhouse in Nickel Mines, Pa., and a job swap with a British crime reporter to explore differences in crime-fighting. A special report looking into how city police handle rape cases led to sweeping reforms that changed the way sexual assaults are investigated in Baltimore. He was recognized as the best reporter in Baltimore by the City Paper in 2010 and by Baltimore Magazine in 2011.
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