Cops Were ‘Trespassers’: Judge Denies ‘Stand Your Ground’ Immunity Claim By Alabama Police Officer Charged with Murder In Fatal Shooting of Black Man In Repo Gone Bad
The murder trial of a white Alabama cop will proceed after the judge in the case denied a defense bid for immunity using the state’s “stand your ground” law.
Judge Charles Elliot concluded there was insufficient evidence former Decatur, Alabama, officer Mac Marquette, 25, acted in self-defense on a late summer evening in 2023 when he repeatedly shot 39-year-old Stephen Perkins outside his home.
The judge said he based his decision on two questions: Did Marquette act within the scope of his job as a police officer and were his actions consistent with what a reasonable officer would do in that situation?
The answer to the first question was pretty straightforward. Marquette and three other officers were dispatched to help Caleb Combs after he called police and accused Perkins of pointing a gun at his chest when Combs tried to repossess his truck. Combs told police he wanted to retry the seizure but said he “would not go back alone.”
Alabama law, however, requires a judge’s authorization if there was a “breach of peace” during an attempted seizure. That did not happen in this case, weakening Marquette’s argument.
Elliot wrote that the officers had the authority to approach Perkins’ property, to park nearby, but they did not have cause – “once they viewed that no crime was occurring” – to enter his property. Had they behaved as investigators and made contract with Perkins, their claim of self-defense would’ve been easier to advance.
Since they failed to do that, Elliot viewed Marquette and the other officers as trespassers acting outside their authority.
The officers were hiding outside Perkins’ home, waiting for Combs to return on the night of the shooting. Marquette and another officer, Joey Williams, stood at the side of the house.
Bodycam footage shows Marquette rounding a corner to confront Perkins. In a matter of seconds, Perkins appears to point the gun at Marquette, unaware that he’s an officer. Marquette shouts, “Police, get on the ground,” and, within less than two seconds, fires at least 17 bullets, killing the father of two.
The footage reveals that Marquette was partially obstructed by Perkins’ truck. Perkins turned to face Marquette and briefly tried to move his gun away from the officer. But he was too late, as Marquette had already started shooting, according to Elliott.
Marquette told investigators that he drew his firearm because he considered Perkins a threat to the tow driver. The former officer claimed that after he shouted at Perkins, the pair “locked eyes,” and he feared he would be shot.
The officers claimed they ordered Perkins to drop his weapon, but he refused.
The officers accompanying Marquette testified that they were there to “keep the peace” and to “investigate” Perkins for pulling a gun on Combs, which, if Combs wanted to press charges, could be a misdemeanor charge of menacing.
The state agent who investigated the case testified that it was standard practice for officers to accompany people to help maintain order. But he also said that the best way to keep the peace is for officers to announce their presence. He said the way the officers concealed their presence was “unusual” for a misdemeanor investigation, saying such techniques are typically reserved for an active crime scene.
Jurors will be left to decide whether Marquette was at Perkins’ house to keep the peace and whether he acted reasonably when applying deadly force.
The officer’s trial is scheduled to being June 9 but that could be delayed if the defense appeals the judge’s immunity ruling.