The Alabama Court of Criminal Appeals has denied a request to pause the immunity hearing for former Decatur Police Officer Mac Marquette and remove the judge overseeing his case. Marquette, charged with murder in the September 2023 fatal shooting of Stephen Perkins, will proceed with his immunity hearing as scheduled on March 25.
Marquette’s attorneys had filed a petition seeking to delay the proceedings and to have Circuit Judge Charles Elliott recused from the case, citing allegations of judicial misconduct. The defense argued that Elliott had engaged in improper conversations outside official court proceedings, including claims that he privately told a Decatur police lieutenant he intended to deny Marquette’s immunity request due to concerns over public backlash and personal safety. The appeals court ruled that the defense did not provide sufficient evidence to support these claims, stating that no sworn affidavit or factual proof was presented.
Related: Former Decatur police officer pleads not guilty, waives arraignment
The case stems from a shooting incident that occurred during a disputed vehicle repossession. Marquette, who was accompanying a tow truck driver, allegedly fired multiple times at Perkins. The defense maintains that Perkins pointed a firearm at the driver, justifying the use of deadly force under Alabama’s “stand your ground” law. However, the court has not yet ruled on whether this law applies in Marquette’s case.
A neighbor’s home surveillance video, broadcast by WAFF, appears to show Marquette firing nearly 20 times. The shooting led to public protests in Decatur, a city of approximately 60,000 residents in northern Alabama. Demonstrators and civil rights advocates have argued that Marquette did not give Perkins sufficient time to comply with commands before opening fire.
In rejecting the defense’s petition, the appeals court found no grounds to support Elliott’s claims of bias or improper conduct. The panel also dismissed allegations that Elliott intimidated a defense attorney during a phone call, determining that the communication was procedural in nature. Elliott himself denied the allegations of misconduct, stating in court records that the motion for his recusal was filed without merit.
With the latest ruling, Marquette’s immunity hearing will move forward on March 25. At this hearing, arguments will be heard on whether he is protected under state law from prosecution. The outcome could determine whether the case proceeds to trial or is dismissed.
The shooting remains a focal point of debate over law enforcement accountability in Alabama, particularly in cases involving deadly force. As the case advances, legal proceedings are expected to draw continued public scrutiny both in Decatur and across the state.
Sherri Blevins is a writer for Mountain Valley News and a staff writer for Yellowhammer News. You may contact her at [email protected].
