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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.
Yahoo
19-02-2025
- Yahoo
Judge grants defense access to city records in murder prosecution of Marquette
Feb. 19—The murder case against former Decatur police officer Mac Marquette moved one step closer to trial Tuesday as Circuit Judge Charles Elliott granted the defense permission to subpoena city records related to the case. Marquette entered the courtroom in a blue suit, flanked by his Birmingham-based attorneys, Brett Bloomston and Elizabeth Young. Assistant District Attorney Garrick Vickery represented the state. Marquette sat silently as Bloomston and Young spoke with Elliott. The defense moved to subpoena city records and records from potential witnesses, seeking materials to challenge the prosecution's case. "Anything exculpatory, obviously the state should turn over," Elliott said. "Beyond that, you can subpoena any records that you want, from the city or whichever organization that you wish." Marquette was indicted for murder in the September 2023 shooting death of Steve Perkins. Several supporters of the Perkins family attended the hearing. Perkins' brother Nick Perkins, sat by himself while two rows ahead of him, Steve Perkins' widow, Catrela Perkins, sat with others. Marquette and his lawyers entered the courtroom through an alternate entrance and exited via a private elevator, bypassing the public elevator. Catrela Perkins suggested this was an instance of him receiving special treatment. "The only comment I have for today is I don't see how they can protect a murderer," she said. "Why is all this special treatment for a murderer? Where's my safety and my security? I didn't murder anybody, he did." Terrance Adkins, also in attendance at the hearing, said he hopes the rest of the proceedings, including the Stand Your Ground immunity hearing in March and the jury trial beginning in April, are "fair and impartial." "As long as they keep the law first, we'll be happy with the decisions and the outcome," Adkins said. "We want to get this over with and we want justice to be served." The defense has subpoenaed 46 witnesses for the April 7 trial of Marquette, including several Decatur police officers. Among them are Police Chief Todd Pinion, Lt. Michael Burleson, Lt. Jonathan Lindley, Sgt. Brent Best, Sgt. Kimberley Evans, Sgt. Michael Kitchens, Investigator William Halbrooks, Trang Ozbun with the Crime Scene Unit and Officer Patrick Wiley with the Priceville Police Department. Former officers Christopher Mukaddam, Vance Summers, and Joey Williams have also been subpoenaed as witnesses. They were among the officers who responded to a call at Perkins' residence, where Perkins, 39, allegedly brandished a firearm at a towing company attempting to repossess his truck. The three officers have also been subpoenaed to testify at Marquette's Stand Your Ground hearing along with five other individuals. If Marquette prevails in the Stand Your Ground hearing, scheduled for March 25, the case would be dismissed without a jury trial. According to police, on Sep. 29, 2023, they received a call from Caleb Combs, a driver with Allstar Recovery in Decatur, about a confrontation with Steve Perkins at his residence on 3931 Ryan Drive S.W. Combs attempted to repossess Perkins' truck at about 1:30 a.m. and said Perkins brandished a firearm. After calling police, Combs returned with four officers to Perkins' residence. Based on doorbell camera footage and partial bodycam footage that was leaked, Combs attempted to repossess Perkins' truck a second time and Perkins walked back outside of his house as Combs began hooking Perkins' vehicle up to his tow truck. "Hey, put the truck down," Perkins said. Approximately two seconds later, Marquette appeared from behind Perkins' truck to Perkins' right and yelled to Perkins, "Hey, hey! Police! Get on the ground!" and immediately began shooting him, continuing to shoot, even after he collapsed, until his magazine was empty. Decatur police say Perkins aimed a firearm equipped with a flashlight at Marquette. As Perkins lay wounded in his front yard, Marquette and the other officers placed handcuffs on him and an ambulance was called. Perkins later died at Huntsville Hospital, according to Decatur police. On Jan. 5, Morgan County District Attorney Scott Anderson announced that a grand jury unanimously returned a murder indictment against Marquette, who is appealing his termination by Mayor Tab Bowling. Judge Charles Elliott on May 24 issued a gag order in the case, preventing police, witnesses and lawyers involved in the case from speaking publicly about it until after Marquette's trial concludes. — or 256-340-2442.
