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Alabama Judge Rules Officer’s Shooting Not Justified in Fatal Incident

MONTGOMERY, Ala. — A ruling from an Alabama judge has determined that a police officer did not adequately demonstrate self-defense in the shooting of an armed Black man in his own front yard. This decision follows the release of body camera footage showing the officer firing 18 shots within two seconds of identifying himself as law enforcement.

Officer Mac Marquette, 25, faces murder charges linked to the fatal shooting of Steve Perkins, which occurred around 2 a.m. on September 29, 2023. The incident took place while Marquette was accompanying a tow-truck driver attempting to repossess Perkins’ pickup truck from his residence in Decatur.

Morgan County Circuit Judge Charles Elliott rejected Marquette’s bid to dismiss the murder case based on a self-defense immunity hearing. A new trial date has been set for June, although the defense has the option to appeal Elliott’s ruling to the state appellate court.

According to Alabama’s “stand your ground” law, people are afforded immunity from prosecution if they employ deadly force while in a location where they have a right to be and reasonably believe they face a threat.

Judge Elliott indicated that the jury will need to ascertain whether Marquette was “acting in his capacity as a police officer” at the time he shot Perkins. He emphasized, “It is on this hinge that the door of this case swings.”

The tow-truck driver, Caleb Combs, was authorized by Perkins’ creditor to reclaim the vehicle, as Perkins had fallen months behind on payments, as evidenced by lien documents presented in court. However, the judge concluded that Marquette lacked authority to assist Combs due to Alabama regulations requiring a court order for law enforcement involvement in repossession situations, an order that was absent in this case.

During previous hearings, conflicting testimonies emerged regarding the reason for Marquette and two other officers, Joey Williams and Christopher Mukadam, being at Perkins’ property. According to Williams and Mukadam, the officers were dispatched after Perkins had allegedly aimed a gun at Combs during his initial attempt to retrieve the vehicle. Combs had met the officers at a nearby tow-yard before returning to Perkins’ home.

Prior to Combs’ second approach to repossess the truck, the officers positioned themselves covertly around Perkins’ residence. When Combs returned, he was unaware that the officers were hiding from view. Upon emerging from his home, Perkins once again confronted Combs with a firearm.

Body camera evidence exhibited that Marquette discharged his weapon almost immediately after revealing his presence at Perkins’ location. The judge noted that Marquette had a limited line of sight due to the location of Perkins’ vehicle and that Perkins attempted to reposition his gun before Marquette began firing.

The judge mentioned that before Combs made a return visit to Perkins’ residence, the officers should have advised him that he could only have non-law enforcement individuals assist him in the repossession without judicial authorization.

Both of Marquette’s fellow officers testified that their presence at Perkins’ house was intended to maintain order and investigate the situation regarding Perkins allegedly brandishing a firearm, which could have warranted a misdemeanor charge for menacing should Combs have opted to file a complaint.

A state investigator confirmed that while it is common for officers to accompany individuals during such operations to ensure safety, the officers’ approach was viewed as “unusual” because it lacked the typical visibility associated with maintaining peace, a strategy generally reserved for active crime scenes.

Given that no active crime was occurring when the officers arrived, Elliott ruled that Marquette acted outside the bounds of his official authority by attempting to address a menacing claim and, as such, was considered a trespasser while positioned outside Perkins’ residence.

The judge indicated that it is now up to the jury to determine whether Marquette’s actions were justified in terms of preserving peace.

This deliberation will lead the jury to consider not only if Marquette was adhering to his responsibilities as a police officer but also whether a “reasonable” officer would have responded with lethal force under similar circumstances.

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Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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