Arheel's Uncle
Senior Reporter
Man accused of causing 16-year-old's death during Fargo drug deal headed to trial
Fabian Scott appeared Wednesday, Feb. 14, 2024, in Cass County Court.
Chris Flynn / The Forum
By April Baumgarten
Today at 12:06 PM
FARGO — A 20-year-old accused of contributing to the death of a 16-year-old during a drug deal gone wrong in Fargo will go to trial.
Negotiations to reach a plea deal in the case of Fabian Edwin Scott have failed, defense attorney Steve Mottinger said Wednesday, Feb. 14, in Cass County District Court. The West Fargo defendant will go to trial on May 14.
“We were not able to successfully resolve this case,” Mottinger said.
Prosecutor Ryan Younggren estimated the trial would last four days or less.
Scott is charged with murder in the course or furtherance of robbery, as well as conspiracy to commit robbery, in connection to the May 21 death of James Moore outside the Twin Parks apartments at 4430 Ninth Ave. S. Prosecutors accused Scott of planning a robbery with Moore and Marcus Pierre McCuin, 42, of Fargo.
Moore set up a deal to buy $900 worth of marijuana, or about five ounces, from Marcus Brian Rexrode, 32, of Fargo, according to a criminal complaint. McCuin drove Scott and Moore to Twin Parks and gave Scott a gun, court documents said.
Moore brought a stolen gun with him, court documents said. Scott served as a lookout during the drug deal, prosecutors claimed.
There is some dispute about who pulled their weapon and fired first. Rexrode told police Moore pointed a gun at the 31-year-old and demanded marijuana, prompting Rexrode to do the same, according to court documents. Rexrode then said Scott fired at him, so Rexrode shot back as he fled.
Scott told police he doesn't know if Moore pulled out his gun since the gun was black and it was dark out, according to court documents. He said he saw Rexrode pull out his gun and shoot the teen, the complaint said.
Scott said he then fired at Rexrode as Rexrode fled, according to court documents.
As Rexrode fled, he hit Moore, court documents said. The boy died at the scene.
Video did not capture the shooting, Younggren said.
Scott and McCuin both were charged with murder, with prosecutors saying their actions in helping Moore plan the robbery contributed to the teen’s death. Rexrode was also charged with murder, but the Cass County case was dismissed after he agreed to plead guilty in federal court to being a felon in possession of a firearm.
Rexrode was sentenced in December to 10 years in prison.
McCuin also pleaded guilty in the case, but not to murder. He was sentenced Oct. 18 in Cass County to five years in prison for unlawfully possessing a firearm since he previously was convicted of a felony.
The murder and conspiracy to commit robbery charges against McCuin were dismissed as part of a plea deal.
Scott has pleaded not guilty to his charges. His is the last in the case in which charges are still pending.
He faces life in prison if convicted.
Fabian Scott is charged with murder in the course or furtherance of robbery, as well as conspiracy to commit robbery, for the May death of James Moore.
Fabian Scott appeared Wednesday, Feb. 14, 2024, in Cass County Court.
Chris Flynn / The Forum
By April Baumgarten
Today at 12:06 PM
FARGO — A 20-year-old accused of contributing to the death of a 16-year-old during a drug deal gone wrong in Fargo will go to trial.
Negotiations to reach a plea deal in the case of Fabian Edwin Scott have failed, defense attorney Steve Mottinger said Wednesday, Feb. 14, in Cass County District Court. The West Fargo defendant will go to trial on May 14.
“We were not able to successfully resolve this case,” Mottinger said.
Prosecutor Ryan Younggren estimated the trial would last four days or less.
Scott is charged with murder in the course or furtherance of robbery, as well as conspiracy to commit robbery, in connection to the May 21 death of James Moore outside the Twin Parks apartments at 4430 Ninth Ave. S. Prosecutors accused Scott of planning a robbery with Moore and Marcus Pierre McCuin, 42, of Fargo.
Moore set up a deal to buy $900 worth of marijuana, or about five ounces, from Marcus Brian Rexrode, 32, of Fargo, according to a criminal complaint. McCuin drove Scott and Moore to Twin Parks and gave Scott a gun, court documents said.
Moore brought a stolen gun with him, court documents said. Scott served as a lookout during the drug deal, prosecutors claimed.
There is some dispute about who pulled their weapon and fired first. Rexrode told police Moore pointed a gun at the 31-year-old and demanded marijuana, prompting Rexrode to do the same, according to court documents. Rexrode then said Scott fired at him, so Rexrode shot back as he fled.
Scott told police he doesn't know if Moore pulled out his gun since the gun was black and it was dark out, according to court documents. He said he saw Rexrode pull out his gun and shoot the teen, the complaint said.
Scott said he then fired at Rexrode as Rexrode fled, according to court documents.
As Rexrode fled, he hit Moore, court documents said. The boy died at the scene.
Video did not capture the shooting, Younggren said.
Scott and McCuin both were charged with murder, with prosecutors saying their actions in helping Moore plan the robbery contributed to the teen’s death. Rexrode was also charged with murder, but the Cass County case was dismissed after he agreed to plead guilty in federal court to being a felon in possession of a firearm.
Rexrode was sentenced in December to 10 years in prison.
McCuin also pleaded guilty in the case, but not to murder. He was sentenced Oct. 18 in Cass County to five years in prison for unlawfully possessing a firearm since he previously was convicted of a felony.
The murder and conspiracy to commit robbery charges against McCuin were dismissed as part of a plea deal.
Scott has pleaded not guilty to his charges. His is the last in the case in which charges are still pending.
He faces life in prison if convicted.
