Judge Denies Prosecution Request to Revoke Murder Defendant’s Release

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DC Superior Court Judge Robert Okun stated on July 16 there was “no basis to revoke release status” for a homicide defendant, despite the DC Pretrial Services Agency (PSA) requesting the action.

Dwayne Fountain, 44, is charged with first-degree murder premeditated while armed, carrying a dangerous weapon outside a home or place of business with a prior felony conviction, and possession of a prohibited weapon for his alleged involvement in the homicide of 47-year-old Marcus Carey that occurred on May 4, 2023, on the 3500 block of Hayes Street, NE.

According to court documents, on June 18, Judge Okun and both parties received a report from PSA, which stated Fountain was not compliant with his release conditions, in that he hasn’t kept his GPS monitor charged, and he’s accused of “water loading’ a drug test. That involves drinking two-or-three large glasses of water before the test to in an effort to dilute a urine sample so the result will be negative.

At the status hearing Fountain’s attorney, Jason Tulley, stated that since June 18 Fountain has been largely compliant with his release conditions, and has been routinely testing negative for drugs.

A stand-in prosecutor stated the assigned regular prosecutor requested the revocation, but would ultimately abide by Judge Okun’s decision.

He dismissed further pretrial show cause hearings and allowed Fountain to remain on release because he found Fountain had overall been compliant.

Tulley also stated that plea offer negotiations with the prosecution would continue and a decision about how the case will proceed should be determined at the next hearing.

Parties are slated to return Oct. 18.