Alabama AG says ex-officer lacks clear right to immunity, urging court to let jury decide fatal shooting case.
By Mary Claire Wooten
Alabama Attorney General Steve Marshall has filed a brief with the Court of Criminal Appeals urging it to deny former Decatur police officer Mac Bailey Marquette’s request for prosecutorial immunity in the shooting death of Stephen Perkins.
The 43-page document, filed by Assistant Attorney General Kristi Wilkerson, argues that Marquette has not demonstrated a “clear legal right to immunity” under Alabama’s stand-your-ground law and that a jury should decide unresolved factual disputes.
The shooting occurred in the early hours of Sept. 29, 2023, when Marquette and two other officers accompanied a tow truck driver attempting to repossess Perkins’ pickup truck. Body camera footage shows officers emerging from concealment and identifying themselves as police just before Marquette fired 18 rounds in less than two seconds, killing Perkins.
Marquette’s legal team claims he acted in self-defense and was immune from prosecution under state law, which provides such immunity if a person uses deadly force while in a place they have a legal right to be and reasonably believes it necessary to prevent harm.
In April, a Morgan County Circuit Court judge rejected Marquette’s claim to immunity following a two-day hearing. The judge found that key questions remain in dispute. Marquette’s attorneys appealed the decision, arguing that the judge did not give proper weight to their client’s belief that he was in danger when Perkins allegedly pointed a gun.
Marshall’s office countered that conflicting testimony undermines Marquette’s claim. One officer testified that they were at the house to investigate a misdemeanor menacing charge stemming from an earlier interaction between Perkins and the tow driver.
Another officer stated he believed their role was simply to “keep the peace.” Alabama law requires a court order for law enforcement to participate in repossession efforts, an order that was not obtained in this case.
Wilkerson’s brief also referenced the testimony of state investigator Jamie King, who said the officers were not positioned in a way that would support de-escalation or peacekeeping and were instead hidden from view until the moment of the shooting. King added that even if Marquette feared for his life, it remained unclear whether he had any legal right to be on the property.
Marquette’s defense argues that police tactics vary and that officers have discretion in how they approach potentially volatile civil situations. But Marshall’s office said such discretion does not supersede the need for legal clarity and accountability. The state’s position is that a jury should determine whether Marquette acted within the law.
Marquette was originally scheduled to go to trial on June 9, but the proceedings were delayed at the defense’s request. A new trial date has been set for September 15. If the appeals court upholds the denial of immunity, Marquette will stand trial in Morgan County Circuit Court.
Mary Claire is a reporter at APR