Prosecutors Seek Grand Jury Murder Charge For Canadian Consul's Son

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MIAMI (CBSMiami) - Prosecutors with the Miami-Dade State Attorney's Office plan to seek Grand Jury approval to try the 15-year old son of the Canadian Consul General as an adult for murder.

During a hearing before Circuit Judge Angelica Zayas, prosecutor Marie Mato announced that they will take their case against Marc Wabafiyebazu to the Grand Jury for an indictment on a felony murder charge. All first degree murder charges must come from the Grand Jury.

The Grand Jury will consider charges including Felony Murder, Possession of a firearm by a minor,  Discharging of a firearm in a public place and Corruption by threat.

"The state is considering treating this case in the adult court instead of the juvenile court, don't say anything out loud in court, this is recording everything and the state is sitting across the table, do you understand," asked the judge.

"Yes," he replied.

Canadian Consul General in Miami Roxanne Dubé did not show emotion or speak as she walked into a juvenile justice courtroom.

Wabafiyebazu's attorney Curt Obront said Dubé is shaken by the death of one son and the potential imprisonment of the other. She has been visiting Marc while he's locked up.

"It's probably the most tragic situation I've seen across the board, for all the families involved. Our heart goes out to all of the families," said Obront.

CLICK HERE to watch Natalia Zea's report

Obront told CBS4's Natalia Zea that Dubé has been visiting with Marc in juvenile detention and that they are grieving the loss of Jean.

"(Marc is) a 14, just turned 15 year old, whose never been exposed to any aspect of the criminal justice system in his life, to be in this situation losing a brother," said Obront.

Obront added no matter if he's charged as a juvenile or an adult, they plan to to enter a plea of not guilty.

The Grand Jury's findings will be announced at Wabafiyebazu's next court hearing on April 20th. Until then, he will remain locked up in juvenile detention.

Wabafiyebazu and 19-year old Anthony Rodriguez were charged with murder in connection to a drug deal gone bad that ended in the murder of Wabafiyebazu's 17-year old brother, Jean, and Joshua Wright, a suspected drug dealer.

Rodriguez was charged with two counts of felony murder and one count of possession of cannabis with intent to sell. Judge Mindy Glazer granted Rodriguez's bond at $150,000 and ordered that he remain on house arrest pending trial.

Rodriguez reportedly admitted bringing two pounds of marijuana to the Coral Way residence of Wright who planned to sell them to the Wabafiyebazus.

Sources told CBS4 News that Jean might have intended to rip off the drug dealers.

During the deal, gunfire broke out and Jean Wabafiyebazu and Wright were killed, Rodriguez was wounded in the arm, and a fourth person was also shot and hospitalized according to a prosecutor.

Marc Wabafiyebazu was waiting outside the home in his mother's car when the shooting happened, according to his father Germano Wabafiyebazu, speaking from Canada.

"My younger son who was inside the car when he heard the gunshot, he came outside and rushed inside the house found Jean dead," he said.

Marc Wabafiyebazu was charged with murder. Under Florida Law, anyone who participates in a violent felony that results in death can face a murder charge.

According to CBS4 news partner The Miami Herald, Marc Wabafiyebazu was also accused of threatening a public servant. The Herald is reporting that after Wabafiyebazu was arrested, he threatened to kill a police detective by shooting him in the head.

Dubé, who recently took the job as consul general in Miami, reportedly asked the authorities if her son could return to Canada and have him face prosecution there.  That request was reportedly denied.

CBS4 news partner The Miami Herald contribute to this report.