WATCH: The 15-year-old son of a Canadian diplomat pleaded not guilty in court Monday to murder and other charges in a drug-related shootout that killed his older brother and another teenager.
MIAMI – The bail hearing for the teenaged son of a Canadian diplomat charged in a double killing resumes today in Miami, Fla.
Much of the prosecution’s case turns on incriminating statements police say Marc Wabafiyebazu gave them.
The defence, however, is trying to show that officers failed to afford him proper legal protections.
The son of Canada’s consul general in Miami has pleaded not guilty to felony first-degree murder and other charges.
READ MORE: Bail hearing for diplomat’s teen son told botched heist led to deadly gunfire
On March 30, just weeks after he turned 15, Wabafiyebazu was waiting outside an apartment when his 17-year-old brother Jean and another man were shot dead.
Police say the two victims shot each other after the older sibling tried to rob a drug dealer of his marijuana.
Police do not allege the younger brother shot anyone – or even threatened to shoot anyone – but Florida law allows for the murder accessory charge for which he could be jailed for life if he was part of the armed robbery of the dealer.
Normally, bail would be off-limits to someone facing such serious charges but the comprehensive hearing is allowing Wabafiyebazu’s lawyers to argue for his release pending trial.
Essentially, they argue the teen was simply in the wrong place at the wrong time, and that what went down was his brother’s fault, not his.
READ MORE: Canadian diplomat’s teen son set to seek bail in Florida double-murder case
Their mother, who has been in court for the various proceedings, told The Canadian Press that she would be testifying on his behalf before Justice Teresa Pooler.
Court staff prevented her from approaching him on Wednesday, the first day of the bail hearing, when prosecutor Marie Mato methodically laid out the case against the accused, including showing graphic photographs of the blood-soaked crime scene.
Also screened was video showing a frantic Wabafiyebazu surrendering to police, who stormed to the scene. The “young man,” as police witnesses referred to him, was wearing a belt emblazoned with marijuana leaves.
Although he had gun residue on his hands, the state is no longer alleging he fired at anyone, accepting instead his statement that he had grabbed his brother’s gun after the bloodshed and fired into the air in hopes of getting emergency services to respond more quickly.
One of the police witnesses said the teen erupted in fury when told his brother, shot three times, had died.
“He threatened to blow my head off,” Det. Rolando Garcia testified.
For that reason, the officer said, he didn’t read the youth his rights because he didn’t plan to interrogate him.
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