Former Decatur Police Officer Mac Marquette turns to Alabama Supreme Court asking for murder case to be thrown out

DECATUR, Ala. (WHNT) — Former Decatur Police Officer Mac Marquette has filed an appeal to the Alabama Supreme Court.

This filing comes just under two weeks after the Alabama Court of Criminal Appeals denied his request to toss his murder charge. He has also requested that oral arguments be held as part of this appeal process.

Marquette has argued he was acting in self-defense when he shot Stephen Perkins on Sept. 29, 2023, during a botched repossession attempt outside Perkins’s home. Marquette was indicted for murder in early 2024.

Marquette and his lawyers argue that he was justified in using deadly force against Perkins because Perkins had pointed his gun at Marquette. In late March, a hearing on those arguments was held, and Morgan County Circuit Judge Charles Elliott denied Marquette’s immunity claims, finding that Marquette did not provide sufficient evidence to prove the claim that he acted in self-defense.

Marquette’s attorneys appealed that ruling, leading to the Court of Criminal Appeals examining the issue. The appeal had argued Elliott abused his discretion in denying Marquette immunity. Marquette’s lawyers also argued that the ALEA investigator in the shooting case found Perkins was the aggressor and that Marquette was justified in using deadly force.

That appeal was denied, with the court ruling that Judge Elliott’s finding did not abuse his discretion and was not in error.

At this time, Marquette’s trial is set for November 17, according to court records. He requested that the trial be pushed back from September because of his plans to appeal to the Alabama Supreme Court.

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