Former Officer Seeks Supreme Court Intervention in Murder Case

Mac Bailey Marquette, a former Decatur police officer, has filed a petition requesting that his case be taken up by the Alabama Supreme Court to dismiss his murder charge.

Marquette is facing charges related to the death of Steve Perkins, who was killed during a foreclosure attempt outside his home in September 2023. This incident occurred in January 2024.

Body camera footage from that evening shows Marquette firing 18 rounds almost immediately after announcing his presence as law enforcement. The shooting led to protests in Decatur, raising questions about police involvement in private foreclosures. Critics have expressed concerns, while some supporters believe Marquette was acting in self-defense.

A ruling in March by Morgan County Circuit Judge Charles Elliott denied Marquette immunity under Alabama’s “Stand Your Ground” law. The judge concluded that the officers lacked legal authority to engage in Perkins’ property during the foreclosure, and Marquette did not sufficiently demonstrate justification for using deadly force. This ruling cleared the way for the case to go to trial.

Marquette’s legal team has since appealed the decision, challenging the ruling on immunity and seeking to have Judge Elliott removed from the case. In July, the Attorney General’s Office opposed Marquette’s immunity claim, arguing that the evidence should be evaluated by the judge. Earlier this month, the Alabama Court of Criminal Appeals dismissed both of Marquette’s appeals.

With a new trial date set for November, Marquette is now seeking the intervention of the Alabama Supreme Court, as the trial has already faced multiple delays. Initially set for June 2025, it was rescheduled to September. If the Supreme Court agrees to his petition, the case might be resolved before reaching trial.

Marquette’s attorneys have also filed a mandamus petition, which calls for the state’s Supreme Court to overturn the lower court’s decision and dismiss the charges. These types of requests are seldom granted, especially when they involve a judge’s discretion, but for Marquette, avoiding trial is a crucial last resort.

The mandamus petition highlights the necessity of oral debate, especially following the recent passage of Alabama’s “Back the Blue” HB202, which enhances legal protections for police. This controversial bill, sponsored by Rep. Rex Reynolds of R-Huntsville, is set to take effect on October 1st.

While Marquette’s request isn’t directly covered by the new law, the petition notes that some issues raised should warrant consideration in oral arguments, linking the case to the present legal landscape affecting policing.

If the mandamus petition is not approved, the trial is expected to proceed in Morgan County, continuing the ongoing discussion about police accountability.