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By
Hypatia Fitzsimons [former]
- November 10, 2023
Homicides
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On Nov 9, DC Superior Court Judge Okun ordered homicide defendant Dwayne Fountain to perform weekly drug testing.
Fountain, 43, is charged with second-degree murder while armed for his alleged involvement in a homicide of 47-year-old Marcus Carey that occurred on May 4 on the 3500 block of Hayes Street, NE.
A Pretrial Services Agency (PSA) representative informed Judge Okun that Fountain had left his home without permission on multiple occasions, which is a violation of his home confinement release condition. However, these were mostly for short periods. Judge Okun referred to this offense as minor.
Defense attorney Jason Tulley asked for Fountain to stay on release because he has been on house arrest for four months and only recently has had minor violations.
According to Tulley, some of the infractions stemmed from Fountain’s taking out garbage.
The prosecutor requested that Fountain be detained for his violation of home confinement. According to the prosecutor, Fountain’s alleged involvement in the homicide is a serious crime and he may pose a danger to the community.
According to the prosecution, Fountain has only been tested for drugs once, when he was first put on release back in July, and requested he be required to take a spot test to identify drug use once a week.
Judge Okun denied the request to revoke Fountain’s release conditions, arguing that many violations were minor. However, he did grant the prosecution’s request for weekly spot testing.
The parties will reconvene on Nov. 28 to check if Fountain follows the terms of his home arrest.