In a March 22 hearing felony arraignment hearing, DC Superior Court Judge Robert Okun allowed a homicide defendant to remain on pretrial release despite alleged violations of his sobriety orders.
Dwayne Fountain, 44, is charged with premeditated first-degree murder while armed, possession of a prohibited weapon, and carrying a dangerous weapon outside a home or business by a prior convict, for his alleged involvement in the fatal beating of 47-year-old Marcus Carey that occurred on May 4, 2023 on the 3500 block of Hayes Street, NE.
During the hearing, a representative from pretrial services informed the court that Fountain tested positive for Phencyclidine (PCP) on March 7, in violation of his pretrial release conditions. In response, Judge Okun ordered intensive outpatient treatment for the defendant.
Fountain’s defense attorney, Jason Tulley, stated that Fountain was reasserting his plea of not guilty, and wants to go to trial.
All parties stated their intention to set a date for trial at the next status hearing on April 26.
