HARRISONBURG, Va. (WHSV) - Campbell Fortune, the driver in the crash that killed three James Madison Students (JMU) students, appeared in the Magistrate Court of Hardy County, West Virginia, on Thursday.

Families gathered for the final pretrial hearing related to charges of three counts of negligent homicide stemming from an incident on February 2, 2023 . The purpose of this hearing was to address a motion to dismiss the charges. However, the judge did not issue an immediate ruling, stating that more time was needed to review the arguments presented by both the defense and prosecution. Hardy County Assistant Prosecuting Attorney Orrin Stagger said that the judge is expected to decide on the motion within the next day or two and will inform the attorneys accordingly.

If the judge rules in favor of the prosecution, no additional pretrial hearings will be held, and the trial will commence as scheduled on Dec.13 at 9 a.m. in the Hardy County Circuit Court.

In addition to the three counts of negligent homicide Fortune faces, he also faces counts of reckless driving, driving without proof of insurance, speeding, and underage possession of alcohol by a person under 21.

According to the Hardy County Sheriff’s Office, the Feb. 2, 2023, crash occurred on West Virginia Route 259 near the West Virginia/Virginia line, and JMU students, John “Luke” Fergusson, Nicholas Troutman and Joshua Mardis were pronounced dead at the scene.

Fortune and the fifth passenger were life-flighted from the scene in critical condition.

The Sheriff’s Office said deputies learned the vehicle had been traveling south on 259 before leaving the roadway and hitting a tree. There were no signs of skid marks on the roadway indicating any type of evasive actions and no indications of an animal being struck, they said.

WHSV will continue to bring updates this story.