The Alabama Attorney General’s office argued this week that a former Decatur police officer charged with fatally shooting a man during a dispute over a vehicle repossession should not be granted immunity before trial.
Attorney General Steve Marshall stated in a court brief that a lower court was correct in denying former officer Mac Marquette’s request for prosecutorial immunity, according to the Associated Press.
Marquette had sought immunity under Alabama’s “Stand Your Ground” law, which shields individuals from prosecution if they use deadly force while reasonably believing they are in danger and are lawfully present.
The case stems from a 2023 shooting outside Stephen Perkins’ home in Decatur.
Around 2 a.m., Marquette and two other officers accompanied a tow truck driver attempting to repossess Perkins’ pickup truck. According to body camera footage, Perkins came out of his house with a gun pointed toward the truck driver. The officers, who had been concealed, identified themselves and Marquette fired 18 rounds within two seconds, killing Perkins.
The shooting sparked widespread and high-profile protests in Decatur.
In April, a Morgan County judge denied Marquette’s immunity request, prompting his attorneys to appeal to the Alabama Court of Criminal Appeals. The appellate court found that the lower court had committed a gross abuse of discretion by failing to adequately weigh Marquette’s claim that he feared for his life when Perkins allegedly pointed a gun at him.
If Marquette ultimately loses his appeal, he is scheduled to stand trial in September.
While Marshall’s brief did not contest whether Marquette feared for his life, it argued that testimony during a pretrial hearing failed to prove he was at Perkins’ home on legitimate police business. The brief asserted there were unresolved questions about whether he had a legal right to be on the property.
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The brief, submitted by Assistant Alabama AG Kristi Wilkerson, also pointed to inconsistent testimony from the two officers who were with Marquette. One officer said they were investigating a misdemeanor menacing charge because Perkins had allegedly threatened the tow truck driver with a gun earlier that night. The other officer said he was unaware of a menacing investigation and believed they were simply there to keep the peace.
Alabama law requires a court order for law enforcement to assist in a vehicle repossession, which the officers did not have at the time.
Jamie King, a state investigator who reviewed the shooting, also gave testimony that conflicted with the officers’ accounts. King said that even if Marquette feared for his life, the officers were not positioned effectively to keep the peace or investigate the alleged menacing, having intentionally remained out of Perkins’ view until just before the shooting.
Marquette’s attorneys countered that there is no single correct way for officers to conduct operations.
In light of the conflicting testimony, the AG’s office argued that the trial court’s decision should stand and that a jury is best positioned to evaluate the credibility of the evidence.
Sherri Blevins is a staff writer for Yellowhammer News. You may contact her at [email protected].
