Stock car racer jailed for killing Royal Navy veteran
- Published
John King was pronounced dead at the scene of the crash
A stock car racer who killed a Royal Navy veteran after drinking vodka has been jailed for six years.
Marc Fortune, 28, was behind the wheel of his 4x4 pick up when he ploughed into the back of a Vauxhall Meriva driven by 63-year-old John King.
A boy, who was a passenger in the Vauxhall with a baby, managed to call 999 after it spun down an embankment on the A92 near Cowdenbeath, Fife.
Mr King's family criticised Fortune's sentence and described it as "unjust".
The first offender was sentenced at the High Court in Glasgow having earlier admitted to a charge of causing death by dangerous driving.
Lord Matthews cut the jail term from eight years due to the guilty plea and banned Fortune from the road for 10 years.
Before the crash, which happened at about 21:55 on 12 September 2020, Fortune had been spotted drinking while a spectator at a stock car meeting in Lochgelly.
Prosecutor Richard Goddard KC said: "He was seen to take a full sized bottle of vodka from the passenger seat of his Mitsubishi Barbarian L200.
"He was seen to pinch his nose and drink 'a good few mouthfuls'."
Despite this, Fortune later drove off in his 4x4 towards the A92.
Fortune was jailed for six years at the High Court in Glasgow
Meanwhile, Mr King, who served in the navy for 25 years, was driving along the same road on his way to collect a relative from work.
He was on the inside lane, with one child in the front passenger seat and a baby in the back, when he was suddenly struck from behind by Fortune's vehicle.
The court heard it had been travelling in excess of 70mph.
Mr Goddard said: "The offside doors burst open and the roof as well as the rear of the vehicle were severely damaged."
Despite the impact Fortune carried on for half-a-mile before locking and abandoning his pick-up.
He called a friend to drive him later and told him: "My mum is going to kill me - I just hit it. They locked up the brakes and I just hit it."
At the crash scene the court heard the older boy managed to clamber out of the wrecked Vauxhall.
The incident happened on the A92 near the Cowdenbeath junction
Mr Goddard said: "With remarkable courage and presence of mind, he dialled 999.
"He was highly distressed, but able to remain on the phone and describe the road he had travelled to allow the emergency services to locate him."
Towards the end of the call, he approached the road and used his mobile phone torch to guide police to the wreckage.
Mr King, of Ballingry, Fife, was found still in the car, but unresponsive. The baby was upside down in his seat.
Attempts were made to save the navy veteran but he never recovered from head, neck and chest injuries.
Both children suffered cuts and remained in hospital overnight.
'Soul mate'
Detectives later found Fortune's 4x4 and he was traced to his father's home in Kirknewton, Midlothian, the next morning.
The killer had to be woken from his bed and still appeared under the influence of alcohol.
He claimed to have left the Mitsubishi parked at the racetrack and that his cousin had given him a lift home.
The officers later returned and Fortune was breathalysed. He found to have 75mg of alcohol per 100ml of breath - more than three times the legal limit of 22mg.
Fortune told police he had drank three vodka and cokes before they returned.
The court heard Mr King is survived by his wife of 34 years as well as five brothers, two stepchildren and five grandchildren.
It was also stated the boy who was involved in the crash remains badly affected, but that there have been "small improvements" in him.
Sentencing, Lord Matthews said Mr King was a "soul mate" and a much loved family man.
Paying tribute to the boy who raised the alarm, the judge added: "This is all the more remarkable given his understandable state of hysteria. He is a credit (to those who know him)."
'Really disappointed'
After the sentencing Mr King's family said: "The hurt that Fortune caused is unbearable. The impact of the loss of John has never lessened.
"It has been two-and-a-half years but we still feel as raw as when we first found out."
They also condemned the killer and said his actions touched many lives.
The statement continued: "Fortune has not shown a shred of remorse or accountability for his actions.
"He was drinking. He fled the scene. He was speeding. And he killed John, injured two children and left our mum and whole family devastated.
"We are really disappointed by today's sentence because to us, anything less than 10 years feels unjust."
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