Prosecutor’s Request to Revoke Homicide Defendant’s Release Denied

By Sadie Herman [former] - November 28, 2023
Daily Stories | Homicides | Suspects | Victims |

On Nov. 28, DC Superior Court Judge Robert Okun denied a prosecutor’s request to revoke a homicide defendant’s release. 

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

According to court documents, Fountain allegedly beat Carey to death with a bat.

During the hearing, the prosecution explained that there had been alleged violations of Fountain’s release, including his home confinement and weekly spot drug testing requirements. The prosecution said these violations could indicate Fountain is using drugs and that his release should be revoked.

In response, Fountain’s defense attorney, Jason Tulley argued that the two alleged violations of home confinement were not accurate–one being only four minutes and the other being twenty minutes. Tulley emphasized that Fountain barely left his home to go to the laundry room in his apartment complex, much less left for extended periods. Tulley argued that the GPS monitoring system for home confinement is extremely vague, and could have been inaccurate. 

According to Tulley, Fountain did not appear for his weekly drug test on Nov. 23 because of Thanksgiving, and the courts being closed. In response the prosecution said that his testing was actually supposed to be on Nov. 22, and that Fountain did not appear.

Tulley argued that Fountain was confused by this change in his testing schedule, and that he tested this week to make up the requirement. 

In response to Fountain’s missing his testing last, Judge Okun exclaimed, “I am completely persuaded by the defense’s explanation as to why he didn’t report last week”. 

Judge Okun then denied the prosecution’s request to revoke Fountain’s release, explaining that these alleged violations do not deem Fountain a danger to public safety.

The parties are expected to return Jan. 12.