For the first time in Montgomery County, a man has been convicted of murder under Texas’ 2023 fentanyl law after the death of an Army combat veteran.
In 2023, Gov. Greg Abbott signed four major pieces of legislation designed to combat the growing fentanyl crisis in Texas.
Among them, House Bill 6 drew particular attention for introducing a new criminal offense: murder charges for anyone who supplies fentanyl that results in a death. The law also stiffened penalties for manufacturing and distributing the drug.
At the time of the legislation’s passage, fentanyl was claiming the lives of five Texans per day and had become the leading cause of death for Americans aged 18 to 45.
Since the law took effect, eight individuals in Harris County have been charged under its provisions, but only one—Michael Barnett—has been convicted. Barnett was a 43-year-old Harris County Jail inmate who gave another inmate a lethal dose of fentanyl. Barnett pleaded guilty in October 2024 and was sentenced to 20 years in prison.
Now, Montgomery County has secured its first conviction under the law. A jury unanimously found James Carter Smith Jr. guilty of murder for his role in the fentanyl-related death of U.S. Army combat veteran Justin Fortin. Fortin died just a month after the measure was signed into law, making Smith eligible for the enhanced charge.
During the trial, surveillance footage revealed that Smith operated a covert drug distribution ring behind a clothing store front which appeared legitimate from the outside. Evidence showed he was selling fentanyl and other drugs from the location.
Fortin, who had served two tours with the 82nd Airborne Division, struggled with PTSD and chronic pain upon returning home. His father, Scott Fortin, spoke at the trial: “We went to a lot of rehabs and asked the VA for help. We thought we were on a good path. He tried. He cried over trying to get off this medicine and could not. That’s how addictive this is. It’s a killer.”
At the height of the crisis in 2023, fentanyl accounted for over 45 percent of all drug-related deaths in Texas, with more than 5,000 total fatalities.
In 2024—the first full year after the new law took effect—the number of drug-related deaths dropped to 4,444, and fentanyl’s share fell to 37.5 percent. It marked the first decline in fentanyl deaths—both total and as a percentage share—since 2019.
Prosecutors also cited Smith’s prior drug-related convictions during sentencing arguments. Smith faces up to 50 years in prison.
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