Judge Finds Probable Cause in Baseball Bat Killing and Orders Defendant Confined at Home

By Rebecca Connor [former] - July 26, 2023
Court | Daily Stories | Homicides | Suspects | Victims |

On July 26, DC Superior Court Judge Robert Okun found probable cause that Dwayne Fountain committed murder, and released him to home confinement.

Fountain, 43, is charged with second-degree murder while armed for his alleged involvement in the death of 47-year-old Marcus Carey on May 4, on the 3500 block of Hayes Street, NE. 

Fountain allegedly followed Carey and a witness down Hayes Street for some time, before striking Carey multiple times in the head with a baseball bat. According to Metropolitan Police Department (MPD) documents, Fountain also swung at the other individual, but missed, allowing the witness to get away.

The prosecution asked that Judge Okun find probable cause in this case, and called the lead detective in the case to describe footage from closed circuit surveillance cameras in the area surrounding the crime scene. He identified Carey, the other individual, and Fountain in several of the videos. 

One of the videos, which captured a parking lot near the incident, showed a figure in black walking away from the crime scene allegedly holding a bloody baseball bat. The detective testified that the witness at the scene had identified the attacker as Fountain. 

Defense attorney Jason Tulley attempted to call into question the accuracy of the witness’s testimony, saying that their “credibility is the crux of this case.” He argued that the eyewitness had at times presented contradicting stories about what occurred that night.

Tulley also probed the detective about why an individual in the videos had been identified as Fountain, stating that some of the figures in the videos did not appear to match, as the detective had previously said. 

Fountain was allegedly wearing a distinctive black hat with yellow eyes during the incident, which the detective said allowed him to identify the figure in the videos as Fountain, even though the video quality was inconsistent.

Tulley argued that the diminished quality of the videos made specific identification difficult, even with someone’s wearing something obvious.

Judge Okun ultimately ruled that there was probable cause in this case, as even with doubts about the on-scene witness’ testimony, many of their statements were allegedly corroborated by the video evidence.

Prosecutors argued for Fountain to be detained saying that the “nature of the crime is horrific” and the force with which Carey’s “head was caved in” meant that the community would be in danger if Fountain was released. 

Tulley then argued for Fountain to be released to home confinement, stating that his lack of significant criminal history and abundance of family support indicated he would not be a danger to the community. 

Judge Okun concurred with Tulley’s point, saying that Fountain’s violence “seems fairly directed at that one individual.” He said that while the violent nature of the crime weighted towards detention, his personal history favored release. 

Ultimately, Judge Okun released Fountain to home confinement, ordering that he stay away from the scene of the incident and several key witnesses. 

Parties are slated to return Oct. 13.