BLOOMING NEGRO KILLERS: Man accused of causing 16-year-old's death during Fargo drug deal headed to trial

[Arheel's Uncle]

Man accused of causing 16-year-old's death during Fargo drug deal headed to trial

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.

 

[Arheel's Uncle]

Fabian Edwin Scott

Accused murderer in North Dakota now charged in Minneapolis homicide

A 19-year-old who is already facing murder charges in North Dakota is now charged in connection to a shooting that killed a 15-year-old earlier this year in Minneapolis.

kstp.com

4 arrested in connection to fatal shooting of Fargo teen

Prosecutors intend to charge Marcus Rexrode, Marcus McCuin and Fabian Scott with murder after 16-year-old James Moore was killed during a drug robbery. Tommie Trent faces a charge of conspiracy to deliver marijuana.

www.grandforksherald.com

 

[Arheel's Uncle]

the May death of James Moore.

JAMES MOORE, MAY 2023, GUNMEMORIAL, OBITUARY, FARGO, NORTH DAKOTA

NO IMAGES ANYWHERE

“My sweet baby will have justice.” 16-year-old remembered after fatal Fargo shooting

31-year-old Marcus Brian Rexrode has been arrested and is being held on charges of Murder, firearm possessed by a felon, and delivery of a controlled substance.

www.valleynewslive.com

“My sweet baby will have justice.” 16-year-old remembered after fatal Fargo shooting​

By Gretchen Hjelmstad and Justin Betti
Published: May. 25, 2023 at 10:02 AM MST

FARGO, N.D. (Valley News Live) - 31-year-old Marcus Brian Rexrode has been arrested and is being held on charges of Murder, firearm possessed by a felon, and delivery of a controlled substance. Fargo Police say Rexrode’s arrest is connected to the Monday night, shooting death of 16-year-old James Moore.
Police say multiple people were involved in a fight before the shooting, that happened in the 4400 block of 9th Avenue South around 11:15pm. Police also confirmed that several gunshots were heard, and Moore was found with a gun laying on the ground next to him.
Moore’s girlfriend says that he is “the best person in the world, he is so nice and sweet and has the best smile.” “He’s a loving person, he loves family and loves his friends, he’s always there for anyone needed and he will be missed, my sweet baby will have justice,” the girlfriend added.
On Thursday, police released that two firearms were recovered from Monday night’s scene. Fargo Police Chief David Zibolski says Moore and Rexrode did know each other, but they did not have a deep relationship.
Being that Moore was a student within the West Fargo Public School District, the district says that even the school year is over, they have started their protocol for offering counseling to anyone who may need it.
Police say people have been willing to come forward with information. However, they are still looking for several people to interview who were there at the time of the shooting. Police ask anyone with any tips to call them into the Red River Regional Dispatch Center at 701-451-7660.

 

[Arheel's Uncle]

James Moore, age 16

Lost to gun violence on May 22, 2023 in Fargo, North Dakota. Click to light a candle, post a photo, or tell the world about James.

gunmemorial.org

NO PHOTO

 

[Arheel's Uncle]

Fargo man gets 10 years in prison for possessing gun that killed 16-year-old during drug deal​

Marcus Rexrode pleaded guilty in federal court to being a felon in possession of a firearm in connection to the May 22 death of James Moore.​

Marcus Rexrode.
Contributed / Cass County Jail


By April Baumgarten

December 20, 2023 at 9:57 AM




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News reporting



FARGO — A Fargo man said he was acting in self-defense when he fatally shot 16-year-old James Moore during a drug deal last spring in Fargo.
But the child's family questioned why the boy had to die at 32-year-old Marcus Brian Rexrode's hands .
"He did not kill my grandson," Moore's grandmother, April Barnes, said Tuesday, Dec. 19, in North Dakota U.S. District Court. "He killed my whole family."

Moore's family cried as Barnes spoke at Rexrode's sentencing hearing in Fargo. U.S. District Judge Peter Welte ordered Rexrode to serve 10 years in prison.
That was less than the 15-year sentence recommended by the defense and prosecution when Rexrode pleaded guilty to being a felon in possession of a firearm in connection to Moore's death. It also was more than what a presentence investigation suggested, which was 41 to 51 months in prison.

Fabian Edwin Scott, left, and Marcus Pierre McCuin
Cass County Jail

Rexrode begged Welte for a sentence within the guidelines, saying he didn’t want to miss seeing his children grow up.
"Please, Your Honor. I deserve a lot of things, but I don't deserve 15 years in prison," he said.
Rexrode initially was charged in Cass County District Court with murder, conspiracy to deliver marijuana and unlawful possession of a firearm in connection to the May 22 death of Moore. Prosecutors alleged Rexrode intentionally shot Moore during a drug deal outside the Twin Parks Apartments at 4430 Ninth Ave. Circle SW in Fargo.
Court documents revealed Moore stole a gun from a vehicle and set up the drug deal with Rexrode. The teen agreed to buy 5 ounces of marijuana from Rexrode for $900, but Moore and 20-year-old Fabian Edwin Scott, both of West Fargo, planned to rob Rexrode, court documents alleged.
Marcus Pierre McCuin, 41, of Fargo, gave Scott a gun and drove him and Moore to Twin Parks, court documents said. McCuin waited in the vehicle, and Scott served as a lookout as Moore met Rexrode, prosecutors said.

When Rexrode asked for the money, Moore pulled out his handgun and demanded the marijuana, according to court documents. Rexrode drew his weapon as well, believing he might be killed.
"He demanded that I give him everything," Rexrode said. "I was scared. I was terrified."
Rexrode said in court that he fled after Scott started shooting. Rexrode said he fired back as he ran and didn’t realize until later that he shot Moore.

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"I tried my best to get away," Rexrode said.
Scott told law enforcement that Rexrode fired first, according to court documents.
Moore died at the scene. Rexrode said he turned himself and his gun in to authorities two days later.
He faced life in prison if convicted of murder, but prosecutors in Cass County dismissed their case so the U.S. Attorney’s Office in North Dakota could file the firearm possession charge.

The judge could issue a tougher sentence because a person died while Rexrode possessed the gun, Assistant U.S. Attorney Richard Lee said. The maximum in this case was 15 years.
"The defendant made a lot of decisions that day that led to the death of a 16-year-old child," Lee said.
Rexrode has nightmares of someone holding a gun to his head, said his attorney, Nicole Bredahl. He sold marijuana that day in order to buy a tool needed for his business, but he didn't intend to kill anyone, she said.
"Only until a gun was pulled on him did my client take out his gun," Bredahl said.
Rexrode claims he was confronted by two people with "murder and robbery" in their eyes. He said he didn't understand why he was being punished for defending himself.
"It's clear the gun saved my life," Rexrode said.
He noted that Scott was wanted on a murder charge in Minneapolis at the time of the shooting.

Scott has been accused of killing 15-year-old Dwayne Dzubay-Percy in January as Scott fired six shots from a van chasing the teen.
"I am no killer nor a drug dealer," Rexrode said.
Barnes said she understood Rexrode was acting in self-defense, but he didn't have a right to take Moore's life. Moore made bad decisions in his life, but he would be alive had Rexrode chosen not to sell marijuana, she said.
"You can't sleep?" Barnes said, addressing Rexrode. "How do you think we feel? ... You wouldn't have nightmares of someone holding a gun to your head if you didn't live that life."
Barnes asked Welte to give Rexrode the maximum penalty. She no longer has her grandchild, and her family has suffered greatly because of his death, Barnes said. They didn't get to say goodbye to Moore, she added.
"My grandson was a good boy," she said. "He was just trying to find his way."
Rexrode said he wished he had been given a chance to convince Moore to change his mind about the robbery before the shooting began. He apologized to the family and said he wished he could take what he did back.

“I swear, I wish I could give my life for his,” Rexrode said of Moore.
Moore's mother said she forgives Rexrode, but her son's death has left a heaviness that she cannot escape. Moore's life was taken before he got to live it, she said.
"My heart breaks knowing how terrified my baby was," she said.
Welte said the law does not require a maximum punishment in a case where possessing a gun results in a death. The judge noted he couldn’t give Rexrode a sentence that was unjustly greater than others who were sentenced for similar conduct.
“You put yourself in a situation where the risk of this happening was a real risk,” the judge said.
Scott and McCuin also were charged in Cass County District Court with murder, with prosecutors alleging they planned a robbery that resulted in Moore's death. The murder and conspiracy to commit robbery charges against McCuin were dismissed after he pleaded guilty to being a felon in possession of a firearm.
He was sentenced in October to five years in prison.

Scott has pleaded not guilty to murder and conspiracy to commit robbery.
Tommie Trent also was charged with felony conspiracy to deliver marijuana for driving Rexrode to the apartments. He pleaded guilty to a misdemeanor and was sentenced in October to 360 days of probation and time served, which was two days in jail.