Dwayne Fountain informed DC Superior Court Judge Neal Kravitz on May 23 he was rejecting a deal that would have required him to plead guilty to voluntary manslaughter while armed in exchange for a sentence limited to seven-and-a-half-to-10 years.
Fountain, 45, 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. The charges stem from his alleged involvement in the fatal beating of 47-year-old Marcus Carey on May 4, 2023, on the 3500 block of Hayes Street, NE.
Court documents state that two witnesses told the Metropolitan Police Department (MPD) that a group of people from the neighborhood assaulted Fountain because they believed he killed Carey.
According to arrest records, a third witness testified to being present when Fountain allegedly beat Carey to death with a baseball bat. This witness said Fountain and Carey were friends, but he thought Fountain was high on PCP and was upset by Carey’s threatening demands for money.
At the hearing, Fountain’s defense attorney, Jason Tulley, told the court that Fountain is under consideration for a job as a flagger at Nationals Park. Tulley asked for Fountain’s conditions of release to be adjusted to allow Fountain to do the job if he’s hired for it.
Judge Kravitz said Fountain’s release conditions currently include permission to leave home for confirmed work, so no change is necessary.
Parties are next scheduled to meet on Oct. 3.
