By SPEAKIN’ OUT NEWS
MONTGOMERY, AL — Alabama Attorney General Steve Marshall filed documents this week urging the courts to allow the murder trial of former Decatur Police Officer Mac Marquette to proceed, rejecting Marquette’s request for immunity under the state’s “stand your ground” law.
Marquette, 25, is charged with murdering Stephen Perkins, a Black man, during an attempted repossession outside Perkins’ home on Sept. 29, 2023. Body-camera footage shows Marquette firing 18 shots in under two seconds after Perkins appeared with a gun—though prosecutors note Marquette was not acting within a clear law enforcement capacity when the shooting occurred.
Marquette had asked a Morgan County judge to grant pretrial immunity, arguing he reasonably feared for his life. However, Circuit Judge Charles Elliott denied the motion in April, ruling Marquette lacked a clear legal right to be on Perkins’ property during the repossession without a court order.
AG Marshall’s brief emphasized that it’s the jury—not the defense bench—that should evaluate the credibility of conflicting testimony. Attorneys for Marquette contended the judge “grossly abused discretion” by failing to consider standard departmental practice and testimonial evidence that Perkins pointed his weapon.
The Alabama Court of Criminal Appeals must now decide whether to uphold the denial of immunity. If it does, the trial will proceed in September, according to Marshall’s filings.
Legal observers say the case will hinge on whether Marquette was lawfully present and reasonably perceived a deadly threat. Meanwhile, three officers were dismissed, and the shooting sparked continuing protests in Decatur.