Former Decatur Police Officer Mac Marquette will now face trial for murder after a Morgan County judge ruled he did not act in self-defense when shooting Stephen Perkins in September of 2023.
Related: Former Decatur police officer pleads not guilty, waives arraignment
Judge Charles Elliot delivered the decision on Monday, stating that Marquette failed to demonstrate his actions were justified under self-defense. The ruling came after an immunity hearing held on March 25 and 26, giving the defense a chance to argue that the use of deadly force was warranted and the charges should be dismissed.
The incident occurred during a failed attempt to repossess Perkins’ vehicle. In his decision, Elliot addressed two key questions: whether Marquette was performing his role as a police officer during the incident and whether his actions were consistent with what a “reasonable officer” would do in a similar situation.
“Agent King has testified that if the defendant was going to Perkins’ residence to assist Combs in the repossession, then he was acting outside the scope of his employment as a law enforcement officer,” the judge stated. “However, if the officers were going to keep the peace, then these two questions are questions of fact that can only be answered by a jury.”
The judge also noted that Marquette and other officers could have been at the residence to investigate a menacing incident involving the tow truck driver’s earlier attempt to repossess Perkins’ truck.
Available court documents may be viewed here.
Marquette will now stand trial beginning June 9. He retains the right to appeal the decision before the trial begins.
Sherri Blevins is a writer for Mountain Valley News and a staff writer for Yellowhammer News. You may contact her at [email protected].
