DECATUR, Ala. (WHNT) — After an Alabama appeals court denied former Decatur Police Officer Mac Marquette’s request to toss his murder case, a Morgan County judge has reset his trial date for November.
Marquette’s trial is now set for November 17, according to court records. He requested the new trial date because he plans to appeal to the Alabama Supreme Court.
Marquette has argued he was acting in self-defense when he shot Stephen Perkins on Sept. 29, 2023, during a botched repossession attempt outside Perkins’s home. Marquette was indicted for murder in early 2024.
Marquette and his lawyers argue that he was justified in using deadly force against Perkins because Perkins had pointed his gun at Marquette. In late March, a hearing on those arguments was held, and Morgan County Circuit Judge Charles Elliott denied Marquette’s immunity claims, finding that Marquette did not provide sufficient evidence to prove the claim that he acted in self-defense.
Marquette’s attorneys appealed that ruling, leading to the Court of Criminal Appeals examining the issue. The appeal had argued Elliott abused his discretion in denying Marquette immunity. Marquette’s lawyers also argued that the ALEA investigator in the shooting case found Perkins was the aggressor and that Marquette was justified in using deadly force.
Marquette plans to appeal that ruling to the Alabama Supreme Court within the next two weeks, according to court documents.
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