A former Decatur police officer charged with murder in the 2023 shooting death of Stephen Perkins will get another chance to have the case thrown out, after the Alabama Supreme Court ruled that a Morgan County judge applied the wrong law when he denied the officer immunity from prosecution.
The state's high court ordered Morgan County Circuit Judge Charles Elliott to reevaluate whether former officer Mac Marquette is immune from prosecution, according to AL.com. Marquette is charged with murder for shooting Perkins while on duty in 2023, after a tow truck driver attempted to repossess Perkins' truck outside his Decatur home. Perkins was shot in his own front yard during that attempted repossession, per the same report.
Marquette has argued he acted in self-defense because Perkins pointed a gun at him, AL.com reports. Elliott previously denied Marquette's request for immunity, but the Alabama Supreme Court found that Elliott applied the wrong statute in reaching that decision. The justices ordered Elliott to instead evaluate the case under Alabama's defense-of-persons immunity law, which allows deadly force to defend oneself or others when another person is using or about to use deadly force, according to the outlet's report.
Why the Statute Choice Matters
The state Supreme Court ruled that the trial court should not have applied Alabama's peace-officer use-of-force statute, since that law lacks a provision allowing a murder charge to be dismissed before trial, per AL.com. The justices said they were not examining the evidence themselves to decide whether Marquette should receive immunity, but were instead directing the trial court to review that evidence under the defense-of-persons statute.
That distinction echoes the circuit court's own earlier reasoning. In March 2025, Elliott denied Marquette's pretrial immunity request on different grounds, ruling that police officers lacked statutory authority under Alabama law to assist in a private vehicle repossession without a court order and were acting outside their official duties, according to the Alabama Political Reporter. Under Alabama statutory law governing private vehicle repossessions, self-help vehicle seizures without a court order are permitted only if carried out without a breach of the peace, and law enforcement involvement without judicial authorization is generally prohibited, the outlet reported at the time.
What the Neighbor's Camera Captured
A neighbor's security camera footage showed a tow truck driver attempting to repossess Perkins' vehicle before dawn on September 29, 2023, per AL.com's account, and the driver later returned to Perkins' home with officers. Separate body-camera footage reviewed by the Associated Press revealed that Marquette fired 18 rounds in rapid succession within less than two seconds after shouting “Police, get on the ground,” as Perkins stood in his front yard holding a flashlight-equipped handgun.
A Morgan County grand jury unanimously indicted Marquette on the murder charge on January 5, 2024, following an investigation by the Alabama Law Enforcement Agency, the AP reported, and he was later released on a $30,000 bond. Attorneys Elizabeth Young and Brett Bloomston represent Marquette, while Scott Anderson serves as Morgan County district attorney; all three said they could not comment on the case because of a gag order, according to AL.com.
Fallout That Reshaped the Department
Perkins' killing sparked protests in Decatur, a federal lawsuit, calls for police department changes, and new department leadership, per AL.com's reporting. Decatur Mayor Tab Bowling announced in December 2023 that three officers involved in the incident, including Marquette, were terminated and a fourth was suspended after an internal review concluded departmental policies were violated, the AP reported at the time. Police Chief Todd Pinion later announced his resignation in February 2025 following months of public protests and city council pressure, according to the Alabama Political Reporter.
An independent $300,000 review of the Decatur Police Department, published in January 2025, found that officers had routinely made improper arrests for disorderly conduct and obstruction, and it documented internal departmental fears of retaliation following the shooting, per Speakin' Out News. The Decatur City Council also passed an ordinance in May 2024 requiring private repossession agents to notify city police dispatch before attempting vehicle repossessions within city limits, according to a report cited by the dossier's WZDX sourcing.
Separately, a federal civil rights lawsuit filed by Perkins' widow, Catrela Perkins, has narrowed in scope. U.S. District Judge Corey L. Maze dismissed the City of Decatur and three non-shooting officers from that case in March 2026, leaving Marquette as the sole remaining defendant in the federal suit, according to reporting cited in court coverage of the case.
Competing Arguments Before the High Court
During oral arguments before the Alabama Supreme Court at the University of Alabama's Moody Music Building, with the session hosted by the School of Law, arguments concerned Marquette's authority and whether the repossession was trespassing, according to coverage of the proceedings. In its ruling, the Alabama Supreme Court wrote that “these questions are voluminous and potentially complex,” adding that “they are also important to get right given the stakes for the parties, the victim's family, and the community as a whole,” AL.com reported.
