Marquette moves to delay murder trial so he can appeal immunity ruling
Apr. 11—Former Decatur police officer Mac Marquette, charged with murder in the fatal shooting of Steve Perkins, on Friday filed a motion seeking a continuance of the June 9 trial date to allow him to appeal a ruling that denied him immunity.
Morgan County Circuit Judge Charles Elliott ruled against Marquette's motion that he was entitled to immunity under Alabama's "Stand Your Ground" law on March 31, and in an amended order filed April 2. The same order said the trial would go forward June 9, but also said the case would be stayed "to allow Defendant adequate time to request alternative relief through the appellate courts."
In Friday's motion, Marquette's attorneys said they plan to file an appeal, and they expect the Court of Criminal Appeals to take several months to render an opinion. They also said that members of the defense team have scheduling conflicts if the trial goes forward June 9.
The motion says that the Morgan County District Attorney's Office does not oppose delaying the trial.
Marquette killed Perkins in his front yard at about 1:50 a.m. Sept. 29, 2023, during the repossession of Perkins' truck. According to testimony at the immunity hearing, Perkins pointed a gun with an attached tactical flashlight at the tow truck driver. Marquette, who was concealed at the side of the house, then pointed a gun at Perkins and began firing when Perkins' gun pointed in his direction.
— eric@decaturdaily.com or 256-340-2435
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