DECATUR, Ala. (WHNT) — Over one month ago, a Morgan County judge ruled Former Decatur Police Officer Mac Marquette did not act in self-defense when he shot Stephen Perkins.
Now, Marquette has appealed that decision. According to court records obtained by News 19, Marquette filed the appeal on Thursday and asked that the court stay all other proceedings until that is resolved.
Marquette is charged with murder in the shooting death of 39-year-old Perkins in September 2023 during a botched vehicle repossession. Marquette and his lawyers argued that he killed Perkins because Perkins was threatening a tow truck driver during the repossession.
“In fear for his life and the lives of others, the Defendant fired his duty weapon to eliminate the deadly threat to himself, his fellow officers, and the tow-truck driver,” Marquette’s attorneys said in their filing asking for an immunity hearing.
On April 2, Judge Charles Elliot said Marquette failed to prove that he acted in self-defense following an immunity hearing that lasted over a day. When Judge Elliott issued his decision, he pushed Marquette’s trial back from April to June 9 to allow him time to appeal the decision.
Opening statements and witness testimony took place on Tuesday, March 25 and closing arguments were on Wednesday, March 26.
The immunity hearing allowed the defense to try to persuade the judge that Marquette’s use of deadly force was justified and that the murder charge should be dismissed.
In April, Attorneys for Marquette asked a Morgan County Judge to move back the murder trial against him and said the state does not oppose the continuance.
The issue of immunity in this case is now with the Alabama Court of Criminal Appeals.
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