On April 26, DC Superior Court Judge Robert Okun denied the prosecution’s request to revoke a defendant’s release after multiple positive drug tests for phencyclidine (PCP).
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 a homicide of 47-year-old Marcus Carey that occurred on May 4, 2023, on the 3500 block of Hayes Street, NE.
Jason Tulley, Fountain’s defense attorney, stated that “Fountain has done very well,” even though “he has not been perfect.”
Tulley pointed out that Fountain has spent several months in home confinement without any violation of stay-away orders, violence, or arrests.
Prosecutors argued the seriousness of noncompliance by noting that this is a homicide case in which PCP may have been involved.
“Fountain has been fairly compliant,” said Judge Okun as he denied the prosecution’s request. However, Judge Okun warned Fountain that “It becomes more and more likely that I would revoke the conditions of release if you continue to test positive for PCP.”
Judge Okun ordered Fountain to report to the Pretrial Services Agency of the District of Columbia (PSA) weekly for drug testing.
Parties are slated to return May 23.
