Latest news with #AlabamaCourtofCriminalAppeals
Yahoo
09-07-2025
- Yahoo
Alabama attorney general pushes for trial of an ex-officer accused of fatally shooting an armed man
MONTGOMERY, Ala. (AP) — A former Alabama police officer charged with murder for shooting an armed Black man in the man's front yard during a dispute with a tow-truck driver shouldn't be granted immunity before going to trial, the state's attorney general says. In a court brief filed late Tuesday, Attorney General Steve Marshall said a lower court was correct in ruling that former Decatur police officer Mac Marquette, 25, failed to show "a clear legal right to prosecutorial immunity' when he fatally shot Stephen Perkins on Sept. 29, 2023. Shortly before 2 a.m., Marquette and two other officers accompanied the tow truck driver to repossess Perkins' pickup truck at his home in Decatur. When Perkins emerged from his house pointing a gun at the truck driver, Marquette fired 18 bullets less than two seconds after the officers emerged from a concealed position and identified themselves as law enforcement, according to body camera footage. The appeals court decision, and the fate of the trial, hinges on Alabama's ' stand your ground ' law, which grants immunity from prosecution to anyone who uses deadly force as long as they reasonably believe they're in danger and are somewhere they're rightfully allowed to be. Alabama allows judges to determine if someone acted in self-defense before a case goes to trial. After a Morgan County judge denied Marquette immunity in April, the ex-officer's lawyers asked the Alabama Court of Criminal Appeals to overturn the decision. The appeals court said the circuit judge's decision was a 'gross abuse of discretion' because the judge didn't give enough weight to Marquette's assertion that he feared for his life after Perkins pointed his gun at the officer before he was shot. If the appeals court rules against Marquette, he will go to trial in September. The shooting drew regular protests in the north Alabama city, and the three officers were fired after personnel hearings. Marquette is white. While the attorney general's brief didn't contest that Marquette feared for his life, he argued that witnesses in a pre-trial hearing failed to establish that Marquette was at Perkins' house on legitimate police duty, and therefore 'there remain open questions regarding whether he had a legal right" to be there. The brief, written by the Assistant Attorney General Kristi Wilkerson, pointed to conflicting testimony from the two officers who were with Marquette when he shot Perkins. One officer testified that the three officers were at Perkins' house to investigate a misdemeanor menacing charge since Perkins had previously pulled a gun on the tow truck driver in an attempt to repossess Perkins' truck earlier that night. The other officer testified that he was unaware of a menacing investigation, saying that he believed they were there to assist in 'keeping the peace.' Alabama law requires a court order for law enforcement to be involved in a vehicle repossession — which the officers didn't have. Testimony from a state agent who investigated the shooting, Jamie King, also conflicted with both officers' accounts of the moments leading up to the shooting. King said that while Marquette may have feared for his life, the three officers were not positioned in an effective way to keep the peace or to investigate menacing since they were intentionally out of Perkins' view until seconds before the shooting. Marquette's attorneys have argued that there is more than one way to conduct police operations. In light of the ambiguity, Marshall's office said deference should be given to the trial court's position, and that a jury "alone is in the best position to determine the trustworthiness of testimony presented to it.' All parties in the case are prohibited from speaking to the media. ___ Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
Winnipeg Free Press
09-07-2025
- Winnipeg Free Press
Alabama attorney general pushes for trial of an ex-officer accused of fatally shooting an armed man
MONTGOMERY, Ala. (AP) — A former Alabama police officer charged with murder for shooting an armed Black man in the man's front yard during a dispute with a tow-truck driver shouldn't be granted immunity before going to trial, the state's attorney general says. In a court brief filed late Tuesday, Attorney General Steve Marshall said a lower court was correct in ruling that former Decatur police officer Mac Marquette, 25, failed to show 'a clear legal right to prosecutorial immunity' when he fatally shot Stephen Perkins on Sept. 29, 2023. Shortly before 2 a.m., Marquette and two other officers accompanied the tow truck driver to repossess Perkins' pickup truck at his home in Decatur. When Perkins emerged from his house pointing a gun at the truck driver, Marquette fired 18 bullets less than two seconds after the officers emerged from a concealed position and identified themselves as law enforcement, according to body camera footage. The appeals court decision, and the fate of the trial, hinges on Alabama's ' stand your ground ' law, which grants immunity from prosecution to anyone who uses deadly force as long as they reasonably believe they're in danger and are somewhere they're rightfully allowed to be. Alabama allows judges to determine if someone acted in self-defense before a case goes to trial. After a Morgan County judge denied Marquette immunity in April, the ex-officer's lawyers asked the Alabama Court of Criminal Appeals to overturn the decision. The appeals court said the circuit judge's decision was a 'gross abuse of discretion' because the judge didn't give enough weight to Marquette's assertion that he feared for his life after Perkins pointed his gun at the officer before he was shot. If the appeals court rules against Marquette, he will go to trial in September. The shooting drew regular protests in the north Alabama city, and the three officers were fired after personnel hearings. Marquette is white. While the attorney general's brief didn't contest that Marquette feared for his life, he argued that witnesses in a pre-trial hearing failed to establish that Marquette was at Perkins' house on legitimate police duty, and therefore 'there remain open questions regarding whether he had a legal right' to be there. The brief, written by the Assistant Attorney General Kristi Wilkerson, pointed to conflicting testimony from the two officers who were with Marquette when he shot Perkins. One officer testified that the three officers were at Perkins' house to investigate a misdemeanor menacing charge since Perkins had previously pulled a gun on the tow truck driver in an attempt to repossess Perkins' truck earlier that night. The other officer testified that he was unaware of a menacing investigation, saying that he believed they were there to assist in 'keeping the peace.' Alabama law requires a court order for law enforcement to be involved in a vehicle repossession — which the officers didn't have. Testimony from a state agent who investigated the shooting, Jamie King, also conflicted with both officers' accounts of the moments leading up to the shooting. King said that while Marquette may have feared for his life, the three officers were not positioned in an effective way to keep the peace or to investigate menacing since they were intentionally out of Perkins' view until seconds before the shooting. Marquette's attorneys have argued that there is more than one way to conduct police operations. In light of the ambiguity, Marshall's office said deference should be given to the trial court's position, and that a jury 'alone is in the best position to determine the trustworthiness of testimony presented to it.' All parties in the case are prohibited from speaking to the media. ___ Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
Hamilton Spectator
09-07-2025
- Hamilton Spectator
Alabama attorney general pushes for trial of an ex-officer accused of fatally shooting an armed man
MONTGOMERY, Ala. (AP) — A former Alabama police officer charged with murder for shooting an armed Black man in the man's front yard during a dispute with a tow-truck driver shouldn't be granted immunity before going to trial, the state's attorney general says. In a court brief filed late Tuesday, Attorney General Steve Marshall said a lower court was correct in ruling that former Decatur police officer Mac Marquette, 25, failed to show 'a clear legal right to prosecutorial immunity' when he fatally shot Stephen Perkins on Sept. 29, 2023. Shortly before 2 a.m., Marquette and two other officers accompanied the tow truck driver to repossess Perkins' pickup truck at his home in Decatur. When Perkins emerged from his house pointing a gun at the truck driver, Marquette fired 18 bullets less than two seconds after the officers emerged from a concealed position and identified themselves as law enforcement, according to body camera footage. The appeals court decision, and the fate of the trial , hinges on Alabama's ' stand your ground ' law, which grants immunity from prosecution to anyone who uses deadly force as long as they reasonably believe they're in danger and are somewhere they're rightfully allowed to be. Alabama allows judges to determine if someone acted in self-defense before a case goes to trial. After a Morgan County judge denied Marquette immunity in April, the ex-officer's lawyers asked the Alabama Court of Criminal Appeals to overturn the decision. The appeals court said the circuit judge's decision was a 'gross abuse of discretion' because the judge didn't give enough weight to Marquette's assertion that he feared for his life after Perkins pointed his gun at the officer before he was shot. If the appeals court rules against Marquette, he will go to trial in September. The shooting drew regular protests in the north Alabama city, and the three officers were fired after personnel hearings. Marquette is white. While the attorney general's brief didn't contest that Marquette feared for his life, he argued that witnesses in a pre-trial hearing failed to establish that Marquette was at Perkins' house on legitimate police duty, and therefore 'there remain open questions regarding whether he had a legal right' to be there. The brief, written by the Assistant Attorney General Kristi Wilkerson, pointed to conflicting testimony from the two officers who were with Marquette when he shot Perkins. One officer testified that the three officers were at Perkins' house to investigate a misdemeanor menacing charge since Perkins had previously pulled a gun on the tow truck driver in an attempt to repossess Perkins' truck earlier that night. The other officer testified that he was unaware of a menacing investigation, saying that he believed they were there to assist in 'keeping the peace.' Alabama law requires a court order for law enforcement to be involved in a vehicle repossession — which the officers didn't have. Testimony from a state agent who investigated the shooting, Jamie King, also conflicted with both officers' accounts of the moments leading up to the shooting. King said that while Marquette may have feared for his life, the three officers were not positioned in an effective way to keep the peace or to investigate menacing since they were intentionally out of Perkins' view until seconds before the shooting. Marquette's attorneys have argued that there is more than one way to conduct police operations. In light of the ambiguity, Marshall's office said deference should be given to the trial court's position, and that a jury 'alone is in the best position to determine the trustworthiness of testimony presented to it.' All parties in the case are prohibited from speaking to the media. ___ Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Yahoo
04-06-2025
- General
- Yahoo
State wants more time to challenge Mac Marquette self-defense claim
HUNTSVILLE, Ala. (WHNT) — Tuesday was the deadline set by the Alabama Court of Criminal Appeals for the prosecution to file its response to the self-defense appeal of former Decatur Police Department Officer Mac Marquette. But the Alabama Attorney General's Office, which handles criminal appeals, asked the appeals court for 21 additional days to submit its filing. 'Help Ronnie's kids find joy amidst tragedy': Dumas family PI sets up GoFundMe for kids to attend summer camp Marquette is charged with murder in the on-duty shooting death of Stephen Perkins outside Perkins' Decatur home in September 2023 during a botched truck repossession. Perkins had reportedly pulled a gun on the truck driver earlier that evening. After that, the driver asked police to escort him, according to testimony at Marquette's immunity self-defense hearing in March. Testimony also showed officers agreed to go to Perkins' house, but they did not go to the door or make their presence known. Security footage from a neighbor's home shows Marquette hid near the side of Perkins' house and emerged as Perkins was pointing his gun at the repo truck driver. He yelled 'police' and ordered Perkins to get on the ground, body camera footage shows. Perkins turned toward Marquette and the then-officer fired multiple shots within two seconds of issuing the command. The defense has argued that Marquette was acting in self-defense when he shot Perkins. A Morgan County Circuit Court judge in late March denied Marquette's self-defense claim, finding that officers were not conducting an investigation at the time of the deadly encounter with Perkins. Under Alabama law, a person is justified in using deadly force if they have a reasonable belief that deadly force is about to be used against them or someone else. If the trial court had found Marquette acted in self-defense, the murder case would be over. Muscle Shoals man sentenced for stealing over $600,000 as pool contractor Marquette appealed the trial court's ruling to the Alabama Court of Criminal Appeals in May. In that filing, his lawyers argue Perkins pointed his gun at Marquette, that Marquette feared for his life and that an ALEA investigator found Perkins was the aggressor that evening. In requesting more time for its response to Marquette's appeal, the Alabama Attorney General's Office said it is currently involved in complex cases before the Alabama Supreme Court and the courts of Civil Appeals and Criminal Appeals. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-03-2025
- Yahoo
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. — or 256-340-2442.
