Davie man sentenced to prison

MOCKSVILLE

A 21-year-old Mocksville man will spend the rest of his life in prison after a jury convicted him of shooting another man in the back six times over $250.

Kevin Louis Robertson II of Milling Road was charged last year with first-degree murder in the shooting death of 28-year-old Tracy Eugene Fortune.

The jury in Davie Superior Court spent about two hours deliberating yesterday afternoon before reaching a verdict. Then, Judge Tanya Wallace of Davie Superior Court sentenced Robertson to life in prison without the possibility of parole.

Robertson, a tall, lanky man, was dressed in a dark gray suit and turned quickly around to his family, who were seated behind him after the verdict was read.

"He's devastated," Robertson's attorney, Kenneth Darty, said after hearing.

Authorities say that Fortune was riding his bicycle about 6:30 p.m. on May 6 with his girlfriend near the intersection of Carolina Avenue and Milling Road. Prosecutors told the jury that Robertson had seen Fortune that day while Robertson was on his way to get gas and some food from Burger King.

Robertson grabbed a .22-caliber rifle from his trunk, drove to where Fortune and his girlfriend were, and pulled out the gun. Robertson told police that Fortune owed him $250.

"This will help you sleep good," Robertson told Fortune, according to Assistant District Attorney Greg Brown in his closing argument.

Then, prosecutors said, Robertson shot Fortune. He returned shortly after and threatened to kill Fortune's girlfriend if she said anything.

In his closing arguments, Darty criticized the investigation by the Mocksville Police Department. He said that detectives failed to record Robertson's interview with the police and did not do a thorough investigation. He also said Fortune's girlfriend, Tabitha Fairley, gave inconsistent statements to police.

Under state law, police must videotape and record interviews with people who are charged with first-degree murder, but prosecutors said that there is an exception if the equipment malfunctions, which they said it did in Robertson's case.

Robertson was interviewed at the police department, where he denied involvement. He later gave a statement at the Davie County Jail, where he said he didn't mean to kill Fortune.

Prosecutors said that both times, police read Robertson his Miranda rights and that Robertson voluntarily gave a statement. Robertson's statement at the jail wasn't recorded because jail does not have recording equipment.

Robertson told police that Fortune had grabbed the gun, which went off, and that he fired several shots in the heat of the moment.

Authorities found three .22-caliber Remington shells at the scene and two more in Robertson's car. Another four were found in Robertson's backyard, prosecutors said.

Prosecutors said that the autopsy showed six gunshot wounds in the back and two additional ones in his arm. Darty argued that two gunshot holes in the front of Fortune's T-shirt showed that he could have been shot in the front initially, but prosecutors said that the only gunshot wounds Fortune had were in the back. He said that police never tested the gun for latent prints. Prosecutors said that Fortune's DNA was not on the gun.

Darty said that he has filed a notice of appeal over legal mistakes that he said the Mocksville Police Department made. He said he is also appealing because he was not able to cross-examine the medical examiner who performed the autopsy. Another medical expert reviewed the autopsy and other documents and testified in court on what the cause of death was.

Prosecutors said that medical examiner had left Wake Forest University Baptist Medical Center for a job in South Carolina and was not available to testify.

Stephanie Fortune, Tracy Fortune's sister, made a brief statement in court.

"You don't know how this has affected our family," she said. "There could have been a better way."

As her voice cracked with emotion, several members of Robertson's family abruptly walked out of the courtroom. His family members declined to comment after the hearing.

■ Michael Hewlett can be reached at 727-7326 or at mhewlett@wsjournal.com.