Fortenberry pleads guilty, resigns from bench
Published 5:00 am Tuesday, September 14, 2004
Lawrence County Judge Robert C. “Bobby” Fortenberry Jr. pleadedguilty Monday to possession of crystal meth with intent to transferand stepped down from office in an agreement with prosecutors andthe court.
Fortenberry, 46, of Mary Lou Turner Road in New Hebron, wassentenced by Judge Mike Smith to 20 years in the custody of theMississippi Department of Corrections with 16 years suspended. Theformer Justice Court Post One judge was fined $5,000 and ordered topay $5,400 restitution to the Mississippi Bureau of Narcotics aswell as court costs. He was ordered to complete the TherapeuticAlcohol and Drug Program and given five years’ probation upon hisrelease. An additional charge of conspiracy to transfer acontrolled substance was dismissed, said Lincoln County CircuitClerk Terry Lynn Watkins.
The former judge was arrested March 26 at a truck stop inBrookhaven and charged with possession and conspiracy following anundercover sting operation by law enforcement agents who posed asmeth dealers.
Monticello attorney Bob Evans, who represented Fortenberry withBrookhaven attorney Joe Fernald and Monticello attorney JackAinsworth, said Fortenberry was not convicted as a drug dealer.
“He was not charged with being a drug dealer or seller,” Evanssaid. “His intent was to take part of it back to a friend atPackard and split it because they went together on the purchase.There would have been no profit.”
Fortenberry held two jobs. He was a Justice Court judge inLawrence County and worked full-time with Delphi Packard ElectricSystems here. He lost his job at Delphi Packard in May, alsobecause of the alleged drug activity.
“They entailed a lot of hours sometimes, and sometimes peopleavail themselves of some things they shouldn’t in order to meettheir obligations,” Evans said. “If Judge Fortenberry could havefought these charges with no impact on anyone but himself, he wouldhave. But because he has such a large and loving family, andreceived a plea offer he could live with, he decided not to putthem through all the hardships of a trial.”
The plea and sentencing came during a hearing Monday morning.Fortenberry was taken into custody after the hearing and was in theLincoln County Jail today.
“He also tendered his resignation yesterday as justice courtjudge for Lawrence County,” Evans said.
Fortenberry, a 16-year veteran of the bench who won re-electionto a fifth term last year, had not presided over any cases forseveral months after being suspended by the Mississippi Commissionon Judicial Performance in May. Prior to the suspension,Fortenberry had voluntarily excused himself from his duties as ajudge pending the results of the trial.
Since then, Justice Court Judge Post Two Donnie Mullins hashandled all the court’s cases. Board of Supervisors President BillyJoe Boutwell said that is unlikely to change in the nearfuture.
Boutwell said it was unlikely the board would declareFortenberry’s office vacant or appoint someone to fill the officeduring Monday’s regularly scheduled meeting.
“We can probably continue on that way until (Mullins) hollersfor us to quit,” Boutwell said. “He’s been doing a good job.”
The case against Fortenberry was the culmination of aninvestigation spanning years by the Lawrence County Sheriff’sDepartment, MBN, Pearl River Basin Narcotics Task Force,Mississippi Highway Patrol bureau of investigation, the 14thDistrict district attorney’s office and the state attorneygeneral’s office.
“We’ve had an ongoing investigation on him going back at leastfour years,” said Lawrence County Sheriff Joel Thames.
Evans said he has been a friend of Fortenberry’s since theformer judge took office and hated to see this outcome.
“I’ve seen the type of fellow he has been over the years,” Evanssaid. “He’s been a good friend and will continue to be a friend. Heis a good and decent man. He’s going through a difficult time rightnow, but I have no doubt he’ll make the best of a bad situation. Hehas always attempted, as best he could within the strictures of thelaw, to help the less privileged during his time on the bench.”
Separate charges against Fortenberry for driving under theinfluence and careless driving in Madison County are still pending.He is scheduled for trial Dec. 2 in Madison County on thosecharges.
Fortenberry was stopped by Madison County Deputy Eddie Beldresiaround 1:40 a.m. July 11 in Ridgeland for careless driving and wascharged with DUI after refusing a Breathalyzer test.