DC Superior Court Judge Jennifer Di Toro denied release on July 13 for a non-fatal stabbing defendant after both parties presented video evidence showing the altercation.
Donnita Fountain, 38, is charged with assault with a dangerous weapon and assault with significant bodily injury while armed for her alleged involvement in a non-fatal stabbing that occurred on April 2 on the 3300 block of 13th Street, SE. The victim sustained injuries to her hand, face, and the back of her head.
At the hearing, the court formally arraigned Fountain on the charges against Fountain. Her attorney, Lucas Dansie, pleaded not guilty to both charges on his client’s behalf and asserted her rights to a speedy trial.
On May 13, the defense filed a motion for Fountain’s release from pre-trial detention. In the request Dansie argued that there were significant factual errors stating Fountain stabbed the victim with a knife during the altercation. The charge originally was assault with a dangerous weapon. The assumption was that she used a knife, but it was not confirmed, claimed Dansie in the motion.
The prosecution filed an opposition to the defendant’s motion on May 22, arguing that Fountain should remain detained in jail until her trial. They argued that the defendant is still charged with assault with a dangerous weapon, even though it’s not specified what the dangerous weapon was.
Judge Di Toro concluded that Fountain would remain detained. She explained that although Fountain has stable housing and 10 outdated bench warrants, the details of the assault were “exceedingly serious” and she could not assure the community’s safety if Fountain were released.
Prior to the judge’s ruling, the prosecution presented the surveillance and cell phone footage, allegedly depicting Fountain charging at the victim multiple times. They described the offense as an “extremely severe assault” and claimed that the victim did not pose any threat to Fountain. According to prosecutors, Fountain allegedly continued to stab the victim in the head while she remained on the ground.
The prosecution also presented visuals of the injuries sustained by the victim. The images showed a gash to the side of her eye, and stitches to the victim’s hand, that prosecutors described as “incredibly concerning.”
The prosecution also mentioned the assault was reportedly committed by Fountain when she was on release for a separate case in which she allegedly assaulted her mother.
Dansie said the video showed the victim approaching Fountain three times as Fountain attempted to leave, characterizing the incident as a mutual “exchange” rather than an unprovoked attack. He noted a knife was recovered at the scene and was found in the same courtyard area where the confrontation began, however, he argued it was not a knife used in the altercation caught on camera.
Dansie also challenged the prosecution’s characterization of the victim’s injuries, pointing out that while the prosecutors described Fountain as having stabbed the victim in the back of the head, no photographs were presented showing injuries to that area.
He added that Fountain is a full-time caregiver for her two children, and reiterated the 10 bench warrants tied to Fountain were outdated. In regards to the pending assault case against her mother, Dansie noted Fountain has not been convicted.
Parties are slated to reconvene Aug. 13.
