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Defense Claims Video Clears Canadian Consul's Son Of Murder

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MIAMI (CBSMiami) - The attorney for a Canadian teen facing a murder charge in connection with a drug-related shootout that killed two, including his brother, said Monday that video surveillance "completely exonerates" him.

Marc Wabafiyebazu, 15, did not have to appear before the judge Monday, but went to the courthouse to consult with his lawyer. It was the first time he formally heard the charges being held against him.

The defense theory, according to CBS4's news partner the Miami Herald, was outlined in a court filing Monday for Marc Wabafiyebazu, 15, whose attorneys entered a plea of not guilty.

"We have entered a plea of not guilty to these charges. We look forward to our day in court. We have confidence in the criminal justice system," said Curt Obront, the attorney.

Marc Wabafiyebazu is charged with murder for his alleged role in a drug deal at a Miami apartment complex that got his older brother, 17-year-old Jean Wabafiyebazu, and another teen, Joshua Wright, killed. Two others, Anthony Rodriguez and Johann Ruiz, are also felony murder and drug-selling charges.

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Obront said a grand jury was not correct when it charged him with murder.

"Our heart goes out to all the families but now we are here, we are going to be defending the charges," said Obront.

Marc and Jean Wabafiyebazu are the sons of Canadian Consul General in Miami, Roxanne Dubé. Police said the brothers drove Dubé's BMW with diplomatic plates to the drug deal. The brothers are accused of planning to rob the drug dealers.

Dubé was in court Monday where she saw her young son standing outside the courtroom, in the adult justice system, and gave him a wave and a long look as she fights to get him released from jail.

Marc Wabafiyebazu's defense team on Monday laid out their strategy in detail saying he, "did nothing more than sit in a car while his brother made a series of bad decisions which cost him his life," according to the Herald.

Lawyers said the video surveillance, obtained by Miami Police detectives, show all the players arriving to the apartment where the ordeal unfolded, the paper reports.

Defense said in the video, shots erupt, and Marc Wabafiyebazu exits the car "in confusion" and goes inside the apartment and comes out. He is then seen following Rodriguez but the video "does not show Marc shoot" or even "threaten or even touch him," the paper reports.

Police believe the 15-year-old, after the shooting, grabbed a gun and fired at Rodriguez as he ran away.

The paper reports that video surveillance showing the outside area, which is in possession of prosecutors, has yet to be released.

Marc Wabafiyebazu, according to police reports, confessed to planning the armed robbery as a transport officer was taking him to the juvenile detention center and also said that he and his brother had committed robberies before in Canada.

Obront requested an Arthur Hearing in the next few weeks, which will essentially be a hearing to determine whether Marc Wabafiyebazu should be allowed to go home while he awaits trial.

Fellow suspect Anthony Rodriguez, 19, also pleaded not guilty today.

The third survivor of the drug deal shootout, Perez is on house arrest. His arraignment is set for Tuesday.

(©2015 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report.)


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