Former Decatur Police Officer Mac Marquette’s appeal to have his murder conviction dropped was refused by the Alabama Court of Criminal Appeals on Friday.
On September 29, 2023, during a failed attempt at repossession, Marquette is accused of killing Stephen Perkinson in the front yard of his Ryan Drive Southwest home. He requested that the appeal court issue a writ of mandamus, directing Morgan County Circuit Judge Charles Elliott to provide him with immunity from prosecution.
See also: How a fatal police shooting transformed a city in north Alabama
When no other suitable legal remedy is available, a petition for mandamus is an extraordinary legal request asking a higher court to order a lower court or official to take action, according to the U.S. Department of Justice.
On March 31, Elliott rejected Marquette’s claim of immunity, stating that he had not provided enough proof to establish that his actions were self-defense. Marquette’s lawyers contended that since Perkins had pointed a gun at him, he was entitled to use lethal force, he had a legitimate reason to be on Perkins’ property, and the second attempt at repossession was lawful, his right to self-defense shouldn’t be restricted.
The Court of Criminal Appeals denied the writ, finding no mistake in Elliott’s decision.
The trial for the murder charge against Marquette is still set for September 15.
256-340-2442 or [email protected].
