Man Sentenced in Pharmacy Break-In
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A man who helped his son break into Cooper's Pharmacy in Vass to get painkillers will spend years in state prison despite pleas for mercy.
A number of friends and supporters last week asked Senior Resident Superior Court Judge James M. Webb for leniency in sentencing Richard Michael Fortner. They included prominent attorneys such as David Crockett and Bill Crews, relatives and people who had worked with Fortner.
"I've known Richard for 22 years," Crews said, standing with the others at Webb's invitation. "He's done several important things in the community, served as a successful electrician. A physical ailment required quite a bit of medical attention."
A doctor first gave him 280 pills for pain, chronic pain, that continues, Webb was told.
But Webb's hands were tied. The General Assembly's tough mandatory sentences limited any choice Webb might have had in the matter. Fortner was pleading guilty, according to a plea bargain reached with prosecutor David Bjorlin. His attorney, Michael C. Rowland, told Webb that they had gone back and forth in tough negotiation to come up with this deal.
Webb sentenced Fortner to 90 to 117 months in prison and ordered him to pay a $100,000 fine. He ordered Fortner be available for work release once he had paid restitution to Cooper's of $1,250 plus court costs and fees for his appointed attorney.
"This is a good man who had overcome his addiction," Rowland said. "He had fallen back into the pit he had crawled out of. That's what happened to Richard in this case."
Rowland said the only reason Fortner was driving the vehicle while his son broke into Cooper's building was to help his son.
"He knew his life was out of control," Rowland said. "His son was the main actor, but he was under a drug-induced rationale."
Cameras caught images of Fortner driving. A law enforcement officer recognized his vehicle and Fortner when he stopped at a convenience store to get something to drink, Rowland said following the hearing.
"He was involved with Bethesda House, on the board at one time I believe," Rowland said. "He'd been there. I'd ask the court to be as merciful as possible and grant as much leniency as possible. There are reasons for mitigation. There is more for Richard Fortner to do than serve the balance of his life in jail."
Bjorlin supported the request that Webb accept the plea, which he did.
Three county agencies participated in the Fortners' arrest, according to Vass Police Chief Rick Bibey, who said the suspects gained entry into the pharmacy by cutting a hole in the side of the building. A search warrant obtained by Vass police was executed at the Fortner home - 154 Lakeview Condos on Sugar Gum Lane in Pinehurst - turned up prescription pills taken during the break-in, according to Capt. Floyd Thomas of the Pinehurst Police Department.
Both the Pinehurst and Vass departments were involved in the search, which they executed after Vass obtained the warrant.
Fortner's strict minimum sentence came as a result of the state defining "trafficking" based entirely on the amount of illegal drugs possessed. No evidence of actual sale is required for "trafficking by possession."
"It is entirely by weight," Rowland said. "That's all."
He said his client was a man whose chronic pain led to an addiction and a desperate act.
The contraband was retained by the state and not ordered to be destroyed as it will be needed as evidence in the son's case.
Fortner and his son, Richard Michael Fortner II, faced multiple charges, including felony conspiracy, breaking and entering, larceny, possession with intent to sell or deliver controlled substances and trafficking in opium or heroin - all based on the quantity seized.
Contact John Chappell by e-mail at jfchappell@gmail.com.
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Comments
theonewithsense 1 year, 10 months ago
So let me get this straight. He didn't sell any drugs but was charged with trafficking in heroin. But of course it wasn't really heroin because drug stores sell pills not heroin. So lets spend our tax dollars keeping a 60 year old drug addict in prison for the next 8-10 years instead of treating the problem.
No wonder we have over crowding in prison.
Long prison sentences for drug addicts is awesome. It keeps the convicts happy with a supply of inmates to abuse.
OldSpook 1 year, 10 months ago
Ummm, it wasn't just that a drug addict screwed up again it might just have been "felony conspiracy, breaking and entering, larceny," in addition to the somewhat subjective "possession with intent to sell or deliver controlled substances and trafficking in opium or heroin - all based on the quantity seized."
Or is it that this drug addict is not responsible for his actions because he is addicted to drugs? Once again, society is to blame for this poor victim who should not be held responsible for his actions. After all, it’s not his fault that he chooses to get addicted to pain killers and steal from others who work for a living. (Tongue firmly in cheek) Either way, I agree with disagreeing with the prison term. Giving this turkey "restitution to Cooper's of $1,250 plus court costs and fees for his appointed attorney" and about 200 hours of community service with 2 years probation would seem sufficient. Oh yea, and maybe a trip to a doctor for proper/controlled pain medications.
jamjam 1 year, 10 months ago
it's to late to look back now.
theonewithsense 1 year, 10 months ago
Spook, I have no problem putting people in jail for breaking and entering. I'm glad he has to pay the $1250 in damage. He should have to pay more for all of the trouble he caused. If he has a long criminal history, then he deserves more time. 7-1/2 years in prison is a long time for an old man. It will cost us a lot of money to house him. Medical problems are very expensive in prison, old prisoners cost a lot more money to house than the young bucks.
Is he such a danger to society that we have to lock him up for years? I knew the guy, not well enough to make an informed decision about how long he should be locked up, but I would think a few months instead of years would be more appropriate. I hired him to wire my business a couple years ago. I know he has the capability to be productive and an asset to society.
Drug addicts are 100% responsible for their actions. When they do other crimes, they are 100% responsible for those crimes and should suffer the consequences of those crimes. Loading addicts up with felonies for possession of pills and calling it trafficking in heroin does nobody any good.
The only thing stupider than loading up our jails with non-violent drug offenders is locking people up for non payment of child support (really mommie support).......that does society and the kid a lot of good.
OldSpook 1 year, 10 months ago
theonewithsense
Sorry, maybe I was not clear. I am agreeing with you that locking this guy up is a total waste of time and money. And if you'll forgive the saying...you just can't fix stupid. Let the man pay his fines, do some community service and get on with his life. Unless like you noted if he has a long criminal history, then give him a couple of years. But I really don't see this person as a violent threat to society.
They really lock people up for non-payment of child/mommy support? So how is this going to help the situation when daddy can't make any money behind bars? Oh yea, and in this economy daddy can just walk around and get a job anywhere? Okay, somebody call Captain Obvious and have him smack the judicial system with his brick of logic.
Way2Hot4You 1 year, 10 months ago
Roland? Doesn't this law firm advertise on the back of the phone book and the Attorney's name is spelled wrong? Michael C. Rowland, Jr. so many errors so little time.
JohnChappell 1 year, 10 months ago
Oops. Heartfelt and abject apologies all round. I have no idea how I managed to spell Michael Rowland's name wrong in the copy for this story. After all, their firm had offices next door to mine for years; and I know him well and see him in court all the time. I remember checking to be sure I'd written "Michael" and not "Matthew" (because Matthew Rothbeind's office is across the street and around the corner) by checking online. Despite that, despite knowing Michael Rowland and passing through Rowland, NC, all the time on my way back and forth to and from my sister's home in South Carolina — I still got it wrong. Dadgummit. I'm sorry Michael. At least it shows folks read the ads on the back of our phonebook. There's that.
hchase 1 year, 10 months ago
@Way2Hot4You Thanks for pointing out the error. Has been corrected. Hunter Chase Online Editor
RmeMP 1 year, 10 months ago
OK, so it sounds like I'm going to be the minority here who doesn't feel ANY compassion for this crook. Get mad at me if you want, and disagree with me if you want - the facts area facts, please allow me to remind you of a few:
We're not talking about getting caught with a small bag of pot and a pipe for personal use; we're talking about planning, and carrying out, CUTTING INTO THE SIDE OF A PHARMACY, STEALING MASSIVE QUANTITIES OF PILLS, AND EITHER CONSPIRING TO SELL THEM OR SELLING THEM (DEPENDS ON WHO YOU BELIEVE) - but it isn't hard for any RATIONAL person to conclude that hundres of pills + thousands of dollars in cash = SELLING NARCOTICS!!!
PS- It doesn't matter what good you may have been known for at one time, once you cross the threashold of commiting felonies - you pay the price; enjoy your prison sentence!! PSS- FACT; Prescription pills are a MAJOR problem in this county (though not exclusively here) and it's time that the courts crack down on it!!!
ladylane 1 year, 10 months ago
So tell me if this was a black man and his son would the feelings be the same? I don't think so. I'm sure it would be they get what they deserve. What did Barretta say do the crime do the time.
mooremedic 1 year, 10 months ago
Thank God we finally have a sane person commenting on this story....RmeMP is dead on, I can't believe any reputable lawyer would stand up there and try to defend a mans action saying that the father was only trying to help his son....and we wonder why the world is in the straits it's in now...
Bflat 1 year, 10 months ago
The law was broken, no matter how "good" a person was perceived as being in the community, how the "system" has failed, or how he managed to backslide. For that he will have to serve what the law says is the sentence for the wrongs that were committed to Cooper's.
RmeMP 1 year, 10 months ago
@chuck-
you are entitled to your view, but to say, "Richard and Mikey are good people who got caught up in the hustle. What they did was stupid." is wrong. they didn't get caught up in the hustle - they got caught up breaking felony laws! i have NO right telling you who to choose for friends, but be warned - if you get "caught up" also, then you will recieve no pity from me. in the eyes of the law, and history, "birds of a feather - flock together"; be careful chuck, there is such a thing as, "guilty by association".
Amazed 1 year, 10 months ago
jimt, but then how do they explain the problem we are having with prescription drugs? they are regulated, monitored, etc and yet we still have an uncontrolled major problem that spans many economic and age levels.
recondo 1 year, 10 months ago
Your a great father when you help your son by coaching a baseball team, your a great father when you volunteer to be a scout master for his scout troop. You do not help your son when he is commiting a felony that changes your title from father to accessory before during and after the fact. My opinion is a crime is a crime no matter who commits it Pillar of the community or typical trash the action is the same and the punishment should be the same. thats why lady justice has balanced scales in her hands and wears a blindfold as we all are or at least should be equal in the eyes of the law.
TheDirtyDizz 1 year, 10 months ago
Yeah Mikey was a friend of mine too and he never did me any wrong. From what I hear he's going to be in jail till his mid 40's, which sucks. Granted, he brought it upon himself, but you can still feel a little bad for him.
dustyrhoades 1 year, 10 months ago
One thing I hope we can agree on: this family's fall was a tragedy.
wow10 1 year, 10 months ago
Ladylane: REALLY????/ This is your comment or question? Please!!!! I know Richard and Micheal and his son is trouble and has always been. I do think after the doctor gave Richard those pills he became dependent on them. However, you did the crime now you have to do the time.
recondo 1 year, 10 months ago
hank i totally agree with you i am a fool for thinking the system works the way it is suppose to work. I know full well that money and powerful friends can buy favors within the justice system but it sure is nice to think that it could happen someday. Do the crime do the time is only a fantasy
fresherwisdom 1 year, 10 months ago
Do any of you people on here really know him?? Have you lived with him and know his daily doings?? I think not, because if so all of you would not be so fooled into believing he is getting "The Father of the Year Award" by this article and what some of you are saying on here. Do you really think his son did all that by himself..Really people?? Unless you are with these people 24 hours a day you do not know them. They allow you to only know what they want you to know. What kind of parent would do such a thing, addicted or not?? I would not call him a parent at all. What kind of up bringing and example is that?? It is not the kind of parent I would want for me or anyone else. Addiction is a choice. No one forces it down your throat or in your VEIN. Oops that wasn't mentioned in the article. Doctors did not prescribe that type of drug. The responsibility starts with the parent so look at what the boy has been taught. This man deserves more punishment than the boy, due to this reference ""Rowland said the only reason Fortner was driving the vehicle while his son broke into Cooper's building was to help his son." The man drove him there. Had he not driven him would this have happened? Again, I am sure he only drove him...give me a break. What parent would drive their son to break into a pharmacy. It is just sickening. Another comment "Rowland said. "He had fallen back into the pit he had crawled out of. " To my knowledge he had never gotten out of the pit was just able to cover it all up very well. It's amazing what money can buy, but then when one just gets too greedy..The wall comes tumbling down.
Way2Hot4You 1 year, 10 months ago
Why is it that people are putting down the attorney? I guess the innocent should only have an attorney and no one should represent the guilty? That is not how things work and Mr. Fortner's attorney did his job! Putting Michael Rowland down is wrong. You don't see him telling you how to run your drive through window. By the way it's not his job to speak up for the people at Cooper's it's the DA's! It seems like everytime something is posted on here about an attorney the claws come out and it's simply not fair. I take it that no one on here has every gotten a ticket or made a mistake? Also reading this article I hope you know you only get snippets of what was actually said! If Mr. Fortner is having to pay back attorney's fees then it's obvious he was Court Appointed. This means any attorney who is on the list could have got him.
Tarheelgal 1 year, 10 months ago
Why are people so concerned about sending these 2 fellows to prison? Regardless of whether they were addicted to pill legal or illegal what does matter is that they BOTH knew cutting a hole in the side of a building and taking what does not belong to you is ILLEGAL! As far as the father driving the son to help him?? What sense is that? I have 2 children and I would never drive them to steal anything to help them out!! The problem with the justice system today is criminals have to many rights and victims and there families have to few rights! Cut the rights of criminals to bare minimum and make prison life uncomfortable and watch the crime rates come down! These guys did the crime they knew it was wrong now let them pay for it!!
Tarheelgal 1 year, 10 months ago
Umm just a question as to "druggies" and the sentence being overkill.. First of all he must have had a previous record or the wouldn't have gotten this type of sentence first offenders regardless of the amount of pills don't usually pull time in our justice system. Another thing to ponder if someone had happened by chance to be in that store when they broke it would they just have simply crawled back out the way they came in or would something much worse have happened?? Both knew what they were doing was illegal and they could get jail time THEY CHOSE to do the crime no one forced them at gun point to make bad choices! Put them on a prison chain gang maybe then NC could get some of the potholes in all NC roads fixed and with the states budget this should greatly help!! Its simple people do the crime do the time don't use the excuse I was an addict I couldn't help myself its about choices and we all make them everyday get over the victim mentality and make better choices if you don't want to do the time! Simple as that!
dustyrhoades 1 year, 10 months ago
"first offenders regardless of the amount of pills don't usually pull time in our justice system. "
Unfortunately, this is simply not true. A trafficking charge carries a mandatory minimum jail sentence, even for a first offense. And since the courts have ruled that you count the weight of the PILLS rather than the weight of the opiates contained in them, it's quite easy to get to "trafficking weight."
theonewithsense 1 year, 10 months ago
In my opinion, there are better ways to spend $500,000 to $1,000,000 of our hard earned tax dollars keeping the old man locked up. Give him 6 months to a year in prison, that should be enough time to let him know he doesn't want to spend 10 years there.
Give him the opportunity to clean up, get back to work, and pay his debt to society. If he doesn't comply.....back to prison.
It's our money, it needs to be spent wisely.
fresherwisdom 1 year, 10 months ago
He was in prison in the past for heroin see past comments when they were orginally arrested back in Feb. 2010. in The Pilot.
clbvpm 1 year, 10 months ago
The article says ~ "But Webb's hands were tied. The General Assembly's tough mandatory sentences limited any choice Webb might have had in the matter. Fortner was pleading guilty, according to a plea bargain reached with prosecutor David Bjorlin. His attorney, Michael C. Rowland, told Webb that they had gone back and forth in tough negotiation to come up with this deal." ...Folks look up the word mandatory in the dictionary.
theonewithsense 1 year, 10 months ago
clbvb, look up plea bargain. He, his lawyer and the DA agreed to 7-1/2 to 10 and went to the judge for the rubber stamp