Shortly after 6 a.m. on January 15, 1986, a 20-year-old woman, identified as F.C., was walking from her apartment to a nearby bus stop in Dallas, Texas. She heard footsteps approaching from behind and saw that a man was walking a few feet away. She had seen the man before around her apartment complex, so she continued walking. The man then grabbed her around the neck, displayed a knife, and dragged her to a nearby driveway. He raped her, took money out of her pocket, and ran off.
F.C. returned to her apartment and called the police. F.C. described her attacker as a Black man who wore blue jeans under sweat pants and had a mustache. She then was taken to the hospital, where a rape kit was collected. Later that day, based on the description, the police stopped 29-year-old Wiley Fountain Jr. about a block from F.C.’s apartment.
Fountain said that he was at home in bed when the victim was assaulted. The police created a photographic lineup containing Fountain’s photograph. They showed the lineup to F.C., who identified Fountain as her attacker.
Fountain was arrested on January 15, 1986. A Dallas County grand jury subsequently indicted him on a charge of aggravated sexual assault.
On September 8, 1986, Fountain went to trial in Dallas County District Court. F.C. identified him as her attacker.
The Southwestern Institute of Forensic Sciences (SWIFS) had analyzed the biological evidence from the rape kit. Analysts found seminal fluid on the vaginal swab and panties. There was too little material on her panties to support further testing, and further testing on the swab was inconclusive.
A SWIFS analyst testified that after determining F.C.’s blood type and Fountain’s blood type, Fountain could not be included nor excluded. The analyst said that essentially the entire male population could be included.
Fountain testified and denied committing the crime. He said he was at home asleep at the time of the attack. His cousin, Fredrick Williams, also testified that Fountain was at home asleep at that time.
On September 9, 1986, the jury convicted Fountain of aggravated sexual assault. The jury convened the following day for a sentencing hearing. The prosecution urged the jury to impose a life sentence, noting that under a lesser sentence, Fountain would be eligible for parole. On September 10, 1986, the jury voted to impose a sentence of 40 years in prison.
Fountain’s conviction and sentence were upheld on appeal, although the Fifth District Court of Appeals found the prosecution’s argument “came dangerously close to encouraging the jury to consider the parole laws in assessing a sentence.” The court said the error was harmless.
In April 2001, the Texas Legislature enacted a post-conviction DNA testing statute. On August 1, 2001, Fountain, acting without a lawyer, filed a request for DNA testing. Michelle Moore, of the Dallas County Public Defender's Office, was appointed to represent Fountain, and in March 2002, she filed a motion for DNA testing.
Days later, the motion was granted and the vaginal swab was sent to the Texas Department of Public Safety (DPS) Laboratory in Garland, Texas. In June 2002, DPS reported that a male DNA profile had been identified on the vaginal swab, and that Fountain and F.C.’s husband were both excluded as the source of the profile. At the prosecution’s request, another round of DNA testing was performed at SWIFS. That testing confirmed the DPS results.
Fountain had been released on parole in 2001 but was quickly returned to prison after his parole was revoked because he did not find a job and did not pay fees as a registered sex offender.
On September 27, 2002, Fountain was released from prison on a no-cash bond so that he could be free while prosecutors requested a third round of DNA testing.
After the third round of DNA tests again excluded him, Fountain sought a pardon. On March 18, 2003, Governor Rick Perry granted Fountain a pardon based on innocence.
Fountain later was awarded $387,000 in state compensation plus a monthly annuity of $8,100.
– Maurice Possley
Posting Date: 08-29-2011
Last Update Date: 07-22-2026
