MONTGOMERY, Ala. (AP) — The immunity hearing for an Alabama police officer charged with murder will proceed in March, a criminal appeals court ruled, after finding no evidence to support the officer’s accusation that the judge overseeing the case improperly divulged his intentions to rule against him.
All five judges in the state criminal appeals court ruled that attorneys for former Decatur police officer Mac Marquette failed to present “any sworn affidavit or factual evidence” that proved Alabama circuit court judge Charles Elliot had compromised his integrity in the case. Marquette’s lawyers filed an appeal with the state criminal appeals court after Elliot denied their motion that he recuse himself.
Marquette is charged with murder for fatally shooting Steve Perkins in 2023 while accompanying a tow-truck driver to repossess Perkins’ truck. Marquette’s lawyers said Perkins pointed a gun at the tow-truck driver, and that the officer should be granted immunity under “stand your ground” laws, which remove the duty to retreat before using deadly force in the face of danger.
A neighbor’s home surveillance video, broadcast by WAFF, appears to show Marquette firing his weapon almost 20 times. The shooting sparked intense public outcry and protests across Decatur, a city of approximately 60,000 people in northern Alabama. Protesters and civil rights attorneys say Marquette didn’t give Perkins time to follow his orders.
In a petition to the state court of criminal appeals, Marquette’s attorneys accused Elliot of engaging in improper communication outside of official court proceedings on multiple occasions, and called for a hearing to present evidence on those allegations. In at least one instance, Marquette’s lawyers accused Elliot of telling Decatur Police Department Lt. Mike Burleson that he had already decided to deny Marquette immunity because of the high-profile nature of the case, and out of fear for the safety of his family and potential backlash in his 2026 reelection campaign.
The petition cited an unidentified witness who told Marquette that they overheard the conversation.
In a written affidavit, Elliot said defense lawyers filed the motion for his recusal “recklessly and with disregard for the truth.” He said he had a longtime friendship with Burleson but vehemently denied that the conversation took place.
The recusal petition also said Elliot attempted to “intimidate” and “bully” one defense attorney in a call made on a holiday outside of official court proceedings. The appeals court ruled that it was not improper for Elliot to call the defense attorney because the call was procedural.
Attorneys for Marquette did not respond to an emailed request for comment Tuesday morning. A call to Elliot’s office was not returned.
The immunity hearing will begin March 25.
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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.
