Marquette's attorneys ask appeals court to remove Judge Elliott from murder case
Mar. 13—Attorneys for former Decatur police officer Mac Marquette have filed a motion with the Alabama Court of Criminal Appeals requesting the recusal of District Judge Charles Elliott from Marquette's upcoming murder trial.
In the motion filed Friday, Marquette's attorneys allege that Elliott prematurely decided to deny their client's stand your ground immunity request ahead of a hearing scheduled for March 25. According to the filing, Elliott allegedly informed Decatur police Lt. Mike Burleson of his intention to deny the request.
"Burleson recounted this conversation, which was either witnessed or overheard by another individual, who then informed Marquette," the motion states.
The filing accuses Elliott of violating the Alabama Canons of Judicial Ethics by engaging in a series of private, or ex parte, conversations about the recusal motion that it describes as "improper." It also claims Elliott is denying Marquette his due process right to present his case in court, including the ability to subpoena witnesses to support his allegations.
As a result, Marquette's attorneys filed a request for a stay to pause proceedings in circuit court until the appellate court rules on whether Elliott should be removed from the case.
According to Decatur police, on Sep. 29, 2023, Marquette and three other Decatur police officers responded to a home on Ryan Drive Southwest for a vehicle repossession. The homeowner, Steve Perkins, had confronted a tow truck driver from Allstar Recovery around 1:30 a.m. and was accused of brandishing a firearm during the dispute.
Based on doorbell camera footage and partial bodycam footage that was leaked, the officers accompanied the tow truck driver to repossess Perkins' truck again and as the driver attempted to repossess the truck, Perkins walked back outside and said "Hey, put the truck down."
Two seconds later, Marquette appeared from behind Perkins' truck and said "Hey, hey! Police! Get on the ground!" before firing multiple rounds at Perkins, according to the released footage. Marquette continued firing even after Perkins collapsed, emptying his magazine.
Decatur police later said Perkins aimed a firearm equipped with a flashlight at Marquette when the shots were fired.
Perkins was placed in handcuffs and transported by ambulance to Huntsville Hospital, where he later died, according to police.
On Jan. 5, Morgan County District Attorney Scott Anderson announced a grand jury had unanimously returned a murder indictment against Marquette. Marquette is also appealing his termination by Decatur Mayor Tab Bowling.
Judge Elliott issued a gag order on May 24, barring police, witnesses and attorneys involved in the case from speaking publicly until after Marquette's trial concludes.
The trial is scheduled to begin April 7.
— wesley.tomlinson@decaturdaily.com or 256-340-2442.
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