BROADCAST DATE : Dec 4, 2015

A Mother’s Trial

It's the troubling story of two teenaged brothers from Ottawa that caught everyone's attention -- Jean and Marc Wabafiyebazu. They were the sons of Canada’s consul-general in Miami, Roxanne Dubé.  So how did these two Canadian teens get caught up in the dark side of Miami's drug scene? Older brother Jean dead in a drug deal gone wrong, Marc charged as his accomplice – and now behind bars and in front of the courts, facing the potential of life in prison.  With crime scene pictures, courtroom video and exclusive interviews the fifth estate takes you inside one mother's struggle to save the one son she has left.

  • Marc Wabafiyebazu was arrested outside of a Miami apartment in 2015 where a drug deal went wrong, leaving his 17-year-old brother, Jean, and a 17-year-old drug dealer named Joshua Wright dead
  • He was facing felony murder charges for the deaths of his brother and Wright
  • In Florida, if someone is killed in the commission of certain felonies, including murder, rape and armed robbery, each individual present during the commission of the crime can be charged with felony murder
  • In February 2016, Marc plead no contest to reduced murder charges in Florida 
  • He is presently serving six months in a Miami bootcamp, to be followed by 10 months of modified house arrest and a maximum eight years' probation

A MOTHER'S TRIAL
December 3, 2015

Roxanne Dubé, Canada's top diplomat in Florida and the mother of a teenager charged with felony murder, calls her son a "confused child" but says he is innocent of the crime in her first media interview since the incident.

Dubé's 15-year-old son, Marc Wabafiyebazu, is charged with felony murder after a 2015 drug deal in Florida went wrong, leaving his 17-year-old brother, Jean, and a 17-year-old drug dealer named Joshua Wright dead.

"Marc is such a good kid," Dubé says of her younger son, in an exclusive interview with the fifth estate. "I think if he wanted to be bad, he wouldn't know how."

She recalls how after Marc had been taken into custody, he told her, "I don't know if I can live… without Jean."

On March 30, 2015, Jean Wabafiyebazu and Joshua Wright were killed in a shootout at an apartment complex in Miami.

Prosecutors and Miami Police say that Jean Wabafiyebazu went to the apartment with the intent of robbing the dealer of the two pounds of marijuana he had agreed to purchase, which had a street value of around $3,700 US.

Details of exactly what happened inside the apartment are unclear, but police interviews obtained by the fifth estate reveal that an argument broke out and guns were drawn. Jean Wabafiyebazu and Joshua Wright shot each other, and were mortally wounded.

"It is so gut-wrenching for me. It was my baby," Dubé says of losing her older son. "Under different circumstances, he would have been a wonderful young man."

Under the felony murder rule, Marc Wabafiyebazu is charged with the deaths of his brother and Wright, even though police, defence lawyers and the prosecution say he didn't shoot anyone.

Florida's felony murder rule states that if someone is killed in the commission of certain felonies, including murder, rape and armed robbery, each individual present during the commission of the crime can be charged with felony murder.

Defence attorney Curt Obront maintains Marc's actions simply do not meet the legal definition of the crime.

"If the person is not a participant in the underlying criminal conduct, then they are not guilty of felony murder," Obront says.

The state prosecution for the case is arguing that Marc Wabafiyebazu was a lookout or getaway driver and went to the crime scene with knowledge of what his brother planned to do.

Obront counters that under the felony murder rule, that's not enough to convict someone.

"Being there and even with knowledge that a crime is being committed isn't enough," he says. "You have to be a participant."

The surveillance video from the parking lot shows Marc did not immediately follow his brother into the apartment, staying in the passenger seat for several minutes. Crime scene photos obtained by the fifth estate show that Jean left his cell phone in the car with Marc, giving him no way of getting in contact with his brother once Jean entered the apartment.

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