A Montgomery County jury has convicted James Carter-Smith Jr. of murder in the delivery of fentanyl, sentencing him to 50 years under Texas’ new fentanyl murder statute, which took effect Sept. 1, 2023. This marks the first conviction under the law in Montgomery County and only the second statewide.
The victim, 34-year-old Justin Fortin, was a College Park High School graduate, a disabled U.S. Army veteran, and a former paratrooper with the 82nd Airborne Division. He completed two combat deployments in Iraq and suffered from both PTSD and chronic physical pain as a result of his service. On Oct. 18, 2023, Fortin was found dead in a bedroom of his aunt’s home in Magnolia. The cause of death was confirmed as fentanyl toxicity.
A lengthy investigation led law enforcement into the Houston area, where searches were executed at a clothing store and private residence connected to Carter-Smith. Detectives recovered critical evidence linking him to the fatal dose. At the time of his arrest, Carter-Smith was on parole and had previously served three terms in the Texas Department of Criminal Justice — twice for drug-related offenses and once for evading arrest in a motor vehicle.
During the trial, Chief Prosecutor Donna Hansen told the jury, “James Carter-Smith was draining the life out of people twenty dollars at a time.” Jurors heard how Carter-Smith targeted vulnerable users and profited from selling lethal drugs with no regard for the deadly consequences.
The case was heard in the 221st District Court, with Judge Lisa Michalk presiding.
Carter-Smith’s arrest was the first in Texas under the new fentanyl murder statute — and now stands as a historic milestone in the state’s effort to hold drug dealers accountable for overdose deaths.
The Montgomery County District Attorney’s Office thanked the Montgomery County Sheriff’s Office for their support in the case, along with MOCONET, the FBI, Homeland Security Investigations, the Harris County Sheriff’s Office, and the Houston Police Department for their assistance during the investigation.
Chief Prosecutor Donna Hansen said, “The jury’s verdict brings a measure of justice — not just for Justin and his family, but for every family shattered by fentanyl. Justin’s life mattered, and there will be accountability for fentanyl dealers.”
District Attorney Brett Ligon added, “Justin Fortin survived two tours in Iraq but couldn’t survive what James Carter-Smith Jr. sold him. This case is a tragic example of what we are facing with fentanyl, and it’s exactly why this new law was passed — to hold dealers accountable for the lives lost.”