Family rejects sentence in son’s death
Courts

Family rejects sentence in son’s death


“Please tell me my son’s life is worth more than six months of this man’s time.”
By Judy Harrison
BDN Staff

BANGOR, Maine — A Hampden man Tuesday told a Superior Court judge that sending the Newburgh man he believed caused his 17-year-old son’s death to jail for six months was not enough.

“Please tell me my son’s life is worth more than six months of this man’s time,” Daniel Clark said.

Michael Joseph Fortunato, 45, was sentenced in Penobscot County Superior Court to four years in prison with all but six months suspended and two years of probation for supplying teenagers with marijuana and prescription muscle relaxants at a March 21 party at his home. He was also ordered to pay a mandatory fine of $800.

Nathan Clark, who attended the party, was reported missing by his father about 9:30 p.m. the next day. The boy’s body was found four days later by a state game warden and a tracking dog near a gravel pit off Back Winterport Road.

The autopsy showed that he died of environmental hypothermia caused by a toxic dose of a prescription muscle relaxant, Daniel Clark told Justice William Anderson on Tuesday.

“Mr. Fortunato was the last adult to see my son alive,” the father said. “He provided a warm place for young people to consume drugs and alcohol. Another minor who was at the same party was taken to the hospital that weekend in respiratory distress.”

Nathan Clark’s mother, Denise Clark of Dixmont, told Anderson she did not think a six-month sentence was severe enough after she addressed the defendant directly.

“Michael, you preyed on young adults and children,” she said. “I have buried a son. Something no parent should have to do. I hope the court sees what an awful person you are and protects others from people like you.”

Deputy District Attorney Michael Roberts told the judge that if the case had gone to trial, the evidence would have shown that Fortunato had a party at his home attended by area teenagers and that he supplied them with a prescription muscle relaxant and alcohol. He said that he could not prove beyond a reasonable doubt that Fortunato furnished Nathan Clark with the toxic level of the drug that the autopsy showed the teenager had in his system when he died.

Fortunato, who had no criminal history, was indicted in May by the Penobscot County grand jury on two counts of aggravated unlawful furnishing of scheduled drugs, unlawful furnishing of scheduled drugs and allowing a minor to possess or consume alcohol. The charges were elevated because he supplied the drugs to minors.

He faced up to five years in prison and a fine of up to $5,000 on the charges to which he plead.

In a plea agreement with the Penobscot County District Attorney’s Office, Fortunato pleaded no contest to the charge of aggravated unlawful furnishing of the muscle relaxant and guilty to the charge of aggravated unlawful furnishing of marijuana. The other two charges were dismissed.

Defense attorney Richard Hartley told Anderson his client pleaded no contest to one of the charges due to the possibility that the Clarks might sue Fortunato, seeking damages in connection with their son’s death, and because of conflicting testimony about the distribution of the muscle relaxant that most likely would have been presented at a trial.

The Clarks told Anderson that while they understood why Roberts had made the agreement he did, they did not agree with it.

Just before the sentence was imposed, Fortunato faced the Clarks and apologized.

“I’m very sorry for what happened,” he said, his voice full of emotion. “If I could change it, I would. Please try to forgive, but never forget. I’m sorry.”

His probation conditions include no contact with minors at his home or other private locations, no use of illegal drugs or alcohol and testing for their use.

Fortunato is to begin serving his sentence at the Penobscot County Jail on Friday.

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Comments
50 comments on this item

how can you put a man like him back on the street to furnish to other teenagers for what he got you bys well of slap the parents in the face my prayers go out to the family

f**king ridiculous that this man should be out with a little slap on the wrist! Just another sign of how stark raving mad this world is.

I'm sorry for the parents of this boy. I hope that somehow you find some peace in spite of how the system let you and your boy down.

Once again Maine's Justice System has spit in the face of a family that has endured somethiung no parent should ever have to deal with! Every time I come home to Maine I'm more embarassed and ashamed of this kind of crap! It continues to put innocent people in danger without remorse! I laugh every time I cross into the state and see the sign that threatens drunk drivers with Maine's tough OUI laws!! hahahaha I have talked to repeat offenders who told me "You don't have to worry until you have your third or fourth conviction!!!! Judges should be held culpable for the dangers they put citizens in every time they allow an offender back on the streets! 6 months and $800 fine! Shame on you!

UFB, I am not suprised at all by this. typical liberal thinking. "this poor guy can change, he just needs a hug and lots of free services from the state and feds since he won't be able to find a decent job, My heart goes out to the parents of this kid

to the parents i,m so sorry the court let you down. i,ve been watching this story since it came out, and my heart goes out to both of you. as a mom who lost my 17 year old, to a simular situation, at least the scum bag had to face you, and admitt what he did to nate, i would of been happy to have had that right.6 months is a slap on the wrist, it means nothing!!!i know you,ll never forgive this creep, who could, but hold on tight to nates memory, and know he loved you. as for the creep, i hope this haunts you for the rest of yourlife. god will judge you, and i bet you dont get 6 months, more like all of eternity in hells furnace.

The tragedy of another parent burying a child. Another letdown of the judicial system. A heavy heartfelt sorry to the parents. My heart goes out to them. May the memories of the son outlive the pain of the loss.

Justice William Anderson should just be referred to as Mr. Anderson because as we all see there is no "Justice" here. I sure would like to tell of how a tragedy like this one was "settled" down in Arkansas.

Michael Joseph Fortunato, 45, was sentenced in Penobscot County Superior Court to four years in prison with all but six months suspended and two years of probation for supplying teenagers with marijuana and prescription muscle relaxants at a March 21 party at his home. He was also ordered to pay a mandatory fine of $800. THIS STORY SHOULD HAVE BEEN POSTED IN THE VOTING BOOTHS FOR THE MEDICAL POT BALLOT.........THIS IS DISGUSTING THE LACK OF TIME THIS BUM GOT IN JAIL......POT DON'T CAUSE PROBLEMS, *&LLSHIT....THEY NEED TO REMOVE THIS JUDGE FROM THE BENCH, AND HE SHOULD BE ASHAMED OF HIMSELF.......

This is a joke, a complete slap in the face. This guy will be out in what 4 months or less with "good time"?

I love how they say " He faced up to five years in prison and a fine of up to $5,000 on the charges to which he plead." He faced a timeout and that is about it, and for all the work the police and investigators did to charge this slimeball with everything they could, to get him off the streets-this is what they get for their hard work? They lower charges and drop charges, it is friggin INSANE. So to sum it up this guy furnished all kinds of illegal crap to a bunch of teenage kids, one went to the hospital and one is gone forever (RIP Nate) and he gets inconvienced for a few months, throws a couple bucks to the state and goes on with his life......NICE!

To Danny and his family, I am so sorry it turned out this way and YES Nate's life IS worth more then 6 months, this guy will be judged again and I doubt there will be a pleasant outcome for him. I can't imagine how hard this has been for all of you, try to find comfort in Nate's memory and all those around you who love you......

Justice William Anderson: If it was your son who died would you be happy with a 6 month sentence????

Why would the parents let their 17 year old son hang out with a 45 year old man?

I am not surprised at all by this outcome. Back in 87 my brother died on the Maine highway of what was considered an alchohol overdose. What really happened was that he was supplied not only alchohol but also acid from a young man and a couple of friends that he trusted. They slipped acid into a beer, he drank it and then in a drug induced stupor downed an entire bottle fo Jack Daniels. His friends were so concerned that they would get in trouble that they put him face down on a pillow in thie back of thier car unconscious, and drove home 2 and 1/2 hours in 95 degree heat. He never made it. The person that furnished the alchohol was given a 50.00 fine. The person that supplied the drugs was related to a city official, and thus it got swept under the rug. Maine justice is embarassing. We let the murderers of Charlie Howard go nearly scott free.It is embarassing. I am very saddened for the family. You deserve better from a State that has forgotten its people.

Deputy District Attorney Michael Roberts is an incompetent attorney who can't find employment in the private sector. If he plea bargains every case he is assigned it will give him a "winning record": and greatly improve his chance of finding a job in the private sector. Maye that would allow him to buy a new car and pay his rent. He is milking the system, at a victim's expense, to further his miserable career and lowly life. He should have a red C branded on his forehead for CROOK.

Some things will never be forgiven, let alone be forgotten! How insensitive to put any of this on the parents. Shame on any of you for ever saying this let alone thinking it.

Justice Anderson How can you sleep at night? You should be disciplined for making a judgment like this. 6 months?? illegal hunting violations get more time than what you sentenced here. This guy caused the death of a 17 year old and ruined the lives of his family. I'm Sorry DOES NOT CUT IT!! This is so disturbing "OUR COURT SYSTEM FAILS AGAIN!! He should serve HARD TIME!!

That's terrible. That guy DESERVES way more than 6 months in jail! My heart goes out to the parents of this boy who passed away because of the drugs THIS MAN SUPPLIED. I too have a teenage son and can't imagine the INJUSTICE you must feel for the sentence he was given. It IS his fault the boy is dead, he supplied the drugs, the warm enviroment and he should PAY with more than 6 months! I am glad the parents appealed it..don't settle for that decision and FIGHT FIGHT FIGHT..for ur sons sake! I pray for strength and courage for this family to pull through and feel justice was served!

William Anderson, how do you sleep at night?

Even the max would not have been enough.... that another thing wrong with our state.... The punishments do not fit the crimes and offenders just never learn their lesson!

Dogood

Do you have children of your own?

Did your parents know where you were all the time?

Parents do not have a tracking devise attached to their children.

They tell you they'll be at a certain place and go wherever they want.

This is a double tragedy, a young person died and a murderer is not being persecuted to the fullest for causing said murder.

There may be more cases similar to this one now that marijuana is legal. Medical was just a word put onto that bill to fool people

and it accomplished its task. Just one person will not be guilty next time. Hang your heads in shame.

Taking these people off the street is good, BUT that action by itself will do nothing to stop this type of tragedy. For every one we put in jail (@ 35 to 50 k a year) another four hit the streets with their wares.

We need to have jobs programs for teens, safe after school activities, and we (as parents) need to constantly prepare our young people for the reality of life outside our front doors. Michael Joseph Fortunato is scum and I hate his ilk, BUT personal responsibility of "the victim" also must be a factor. if Michael hadn't been there would this boy have gotten his drugs elsewhere?? My guess is yes.

The only consolation that the parents of this young man and the people of Maine have in this is that this man will have to live with the death of this teenager for the rest of his life because there was CERTAINLY no justice here.

Terrible tragedy but a sad commentary on what is wrong in this country.

People always want to place the blame on others and never want to be held accountable for their own actions.

This young man was 17 and knew what he was doing and it was his own actios that led to his demise. If

Fortunato wasn't around to give hime the pills he would have sought out somebody else.

Yes, the senseless loss of a young life but nody forced this young man to do what he did.

maybe someone in jail,maybe his cellmate will have lost a child at one point and know what the parents are feeling...mr fouruntato make sure you take plenty of liquid soap that cant be dropped...

I can only begin to imagine the pain this young man's family is suffering. To say that it was Nathan's parents fault for what happened is insane. The fact remains that this CHILD got drugs from an ADULT, who should have been a RESPONSIBLE ADULT looking out for the best interest of all the children that were at his home. Mr. Fortunato could have been a positive influence on these kids lives rather than a detriment to them. Mr. Fortunato deserves much more time in prison than a measly six months!!

Nathan was my nephew. Nate's father is an incredible man who provided a loving home for Nate and his two brothers Ben and Jacob. Do not minimize Mr. Fortunato's role in my nephew's death. For those of you who feel that Nate should have been more responsible, how many of you as adults were enticed by alcohol , drugs, pills whatever and you are alive today? My nephew was supplied a muscle relaxant which ultimately led to his death. Mr. Fortunato is a murderer. Nathan was an incredible young man. He loved his father, brothers, aunts and uncles unconditionally. We are a very close family and losing Nate has affected us all greatly. We love you Nate and miss you.

It is sad that your son died. But no one forced him to drink and do the drugs. But I do agree that 6 monthes is not long enough.

This is so very sad. My heart goes out to Nate's family and loved ones.

Howver, I am not at all surprised by the "justice" meted out to Fortunato.

This is the same Maine Justice System that gives sentences like that to parents who murder their OWN children (shake or throw a baby to death!!!). It makes me so sick and sad beyond words.

Teens do engage in a lot of risky behavior, but it is the adults around them who are supposed to try and guide them and keep them from harm,

not furnish the implements! It is true that we cannot prevent all tragedies from occurring, but consider this: if Joseph Fortunato had instead of providing

drugs, alcohol and a place to use them, had instead been caring and concerned enough to talk honestly with this young man about the damage he might

be doing to himself; could he maybe have made a postive difference in Nate's life? Obviously Fortunato is not capable of such behavior, and sounds like he has drug/alcolhol/self-esteem issues of his own, but that said, he is an ADULT and KNOWINGLY broke the law and should suffer the consequences of his actions.

It's like a waste of time trying to teach our children right and wrong when they see on a daily basis how the LAW is totally ignored by those who are supposed to be upholding & enforcing it.

just one more judge and criminal who are making the way for more and more crime to take place. This is the reason why these people

continue to be criminals. When there are no reasons why people should obey the laws the rest of consider to be the way it is.

There is now reason for the society to change. The judges should have to have their children associate with these criminals and see

how they like someone having that kind of influence. These judges are the ones to blame for suspending the sentence that these

criminals get sentenced with. We should be ashamed to have these people in power over us. I find there to be no reason why they

should get a lesser sentence then the one handed down to them

Yes, let's not hold parents responsible for thier children. It seems some parents want to blame other people for thier lack of parenting skills. I'm mean his parents didn't even report him missing until the next day at 9:30pm. Come on!! It took them that long to realize thier kid was gone! Hello, does that sound like a responible parent? Doesn't to me! People if you are going to have kids, take care of them!!!! Don't think someone else is gonna do it for ya.

Oh yeah. It was prescription drug overdose that killed him! So I don't think the medical marijuana issue has anything to do with the death of this boy!

Once again folks, we must change the laws. This SOB should be shot, not given 3 squares a day and a place to sleep.Shotgun Annie would take the job and we all must work to get judges that don't have any balls thrown off the bench.

Let him rest. Fortunato deserves much more than he received but that won't bring Nate back. Enough speculating and criticizing. Let Danny, Denise, Ben, Jacob and all of Nate's family and friends start to move on.

What a joke our court system is. Six months in jail and an $800 dollar fine. Truck drivers get more punishment than that for a log book violation without even getting a day in court. Guess we know where the states prioities are.

AliDanne-you have no idea what you are talking about. I know by your statement you DO NOT know this family.... I do. Joseph Fortunato should be blamed. What happen to Nate had NOTHING to do with a lack in parenting by his father, I can promise you that.

It is true that the teenagers may or may not have found someone else to supply drugs and alcohol, but this guy was an adult and should have known better so he should have to suffer some hard consequences for his actions. He was the ADULT. If it had not been for this man, and offering his home and drugs and alcohol, we would still have Nate here today. Adults are suppose to try and be a positive roll model in kids lives, help them make good choices and listen to them, we are not suppose to help them head down a road of destruction. Parents can't be with their teenagers 24/7 and even the "best" kids aren't always completely truthful.

This sentence is unbelieveable. His willingness to supply these kids with drugs and alcohol should have a far more sentence than this. My thoughts and prayers to his family and friends.

how can we assume the parents knew of their sons where abouts he could of very easily said he was going to a friends house or snuck out. Now the sentance this man was given is PATHETIC. How about sn involuntary manslaughter charge. his actions led to the death of a 17 year old boy if that isnt manslaughter what is. Furnishing alcohol to a minor is a disgrace specially when it is not their own kid, but giving out class 3 scheduled drugs to anyone is a felony. This makes me sick if that was my kid that this happened to the man would never make a plea i will leave it at that.

i have lived in 6 states on the east coast and maine by far has the most lenient judicial system. In saw a man trafficking crack cocaine receive 2 years in the paper, in PA and NY that is a mandatory 120 months in prison.

This is unfortunate and I am sorry that this family is going through such a tragedy.

What is really a shame is that our Maine Justice System, is not Justice at all!

First no a 17 year old should of not been hanging out with a 45 year old man. But at 17 they are almost 18 at this age.. I allow my kids at 17 to

roam with friends and such. Thinking that they do have enough brains to know better then to get involved in drugs and drinking.

And they do. They also call me if they know that they are going to be out passed 10p and let me know where they are and that they are safe.

None of them have lied to me. I have done this with two of my children and plan to do it with my third one. I have not regretted this and they

have always used common sense in situations as this. They leave the situation or call me to come and get them.

Which I do. Or I send a cab. And pay for it for them. Either way.. it is resolved.

And nothing happens.

Unfortunately this happened and the 45 year old man should know better he is an adult! The fault comes on him in my opinion and not the 17

year old and/ or the parents either. You can only do so much for and with your kids..you cannot know EVERYTHING they are doing EVERY

Minute!

You can only hope they do the right thing..

and Pray for their safety. You have to give them some freedom sometime as they get older and only hope that they use common sense judgment.

Unfortunately we have Judges on the bench that just don't get it!

and Unfortunately we have adults that just don't get it either.

This is a shame and it is wrong.

Unfortunately nothing can be done now, the damage is done.

To those who feel that Nate's death was his own fault, you did not know him. You have no right to judge his choices. There was no way he could have known where he was going to end up that night... and furthermore, the man who provided the muscle relaxants should not have been letting people leave freely after obtaining and using drugs in his house, that is why Nate died of hypothermia. 6 months is a ridiculous sentance for the life of my friend.

He was obviously doing drugs long before this night,not like this was his first pill.play with fire your gonna get burned,if this scumbag wasn,t handing out pills the kids would have found them somewhere.sad but true.

It's sad that this kid died, but what's sadder is the lack of brains in this kids head. It's your own responsibility what you put into your body. Know your drugs before you take them, and increase doses gradually. It's truely sad that he died, but it is his own fault and no one elses.

hey ryan 207, how about shotgun annie comes to see you, because if she doesnt, i will!!! you sick scumbag, i hope theres a cop reading this one!!!!

If you keep electing Liberal Democrats you'll continue to get liberal judges. we get the Government we deserve (elect).

This is just one example of how elections have consequences.

what a sad joke - 6 months and he appoligized. 6 months and he could have received 5 years? my God - these either these defense attorneys are good [which in this case they actually are the same as the scum they represent, when he is obviously guilty] or the judge and prosecutor either are not paying attention; not smart enough to see their error or simply don't care guarranteed pay whether they do a good job or bad. Thanks for making me feel our youth are being looked out for, vigilante justice does not sound like such a bad idea now.

What kind of society are we becomin?. Where is the justice? This is not justice.

ryan207 u are a sick fu*k i have two young daughters and if you came near them i would stick the barrel of my 12 gague up your butt and see how you like that pleasure i hope some cop finds you and sticks you in prison for life

unbelieable! this guy wont even serve the full six months. i was assulted by a male family member and the DA in piscataquis let the monster choose hie sentence of 7 years with 8 years probation or 8 years and the monster chose 8 years and was told he had to serve the whole thing and then just got out 13 months early and if the judge had given him his whole sentence that he was facing he could have spent 128 years in prision. this state doesnt protect the victuims of horrible crime from being killed to being raped. it really angers me that a person who sells drugs to somebody who doesnt die from them will do more time than if they sell them to a minor who does die. where is the justice in this state and this country because as much as people in maine feel its a maine issue it is all over the country. monsters like these should be taken out and shot so they can not hurt others. the heck with three stikes. this aint a baseball game its life f*ck up once and be put out permantly when it comes to this crap. we would have less mental health crisis surrounding ptsd because these monster could not reoffend and hurt more people.

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