‘Teaching people on the wiretap how to be better drug dealers’
Fountain’s attorney, Todd Fiore, did not return calls from WHYY News but had argued in court papers last month that his client should be sentenced to a maximum of 15 years in prison. Fountain is appealing his conviction.
“Mr. Fountain did not supervise anyone involved in this matter,” Fiore wrote in his sentencing memorandum. “Federal courts have ruled that leadership is the control, organization, and responsibility for other group members. Dwayne Fountain may have controlled the property where inventory was found, but he did nothing more than sell for resale.”
The defense lawyer also questioned whether Fountain really was the “kilo-level drug trafficker” that prosecutors alleged.
“Where is all the money?” Fiore wrote. “There was less than $4,000 recovered from Dwayne Fountain’s residences.”
Fountain also had been late on his mortgage numerous times and had a “dismal credit rating,” Fiore wrote.
“No fancy cars, jewelry, clothes, etc.,” the defense memo said. “Perhaps Fountain was not the level of a drug trafficker that was initially assumed.”
Welsh countered that as an experienced dealer, Fountain knew how to maintain a low-key lifestyle in hopes of avoiding detection by law enforcement. Beyond not driving luxury vehicles or sporting flashy jewelry, she said Fountain did what many drug criminals do: changed phone numbers, used several cars and conducted drug meetings in crowded places such as the Grotto Pizza and Green Turtle restaurants.
She also scoffed at the proposition that Fountain, who was convicted by a jury after a weeklong trial in federal court, wasn’t a big-time dealer.
“It is preposterous,” Welsh said. “He was teaching people on the wiretap how to be better drug dealers. And then the best evidence that we have of him being a leader is the sheer quantity of drugs that he had in his apartment. The other people involved in this conspiracy when their homes were searched, they had very small amounts of drugs in there.
“So he was the person who was working with the supplier, the person who was getting all the drugs, holding on to them, manufacturing them, pushing them out. He was for sure the boss of this business that he created.”