In Montgomery, Alabama, a judge has denied a police officer’s self-defense claim in the fatal shooting of a Black man in his own front yard. Body camera footage disclosed that the officer, Mac Marquette, fired 18 shots within two seconds of identifying himself as law enforcement. Marquette, 25, faces murder charges for the shooting of Steve Perkins, which took place at approximately 2 a.m. on September 29, 2023, in Decatur. The incident occurred while Marquette was accompanying a tow truck driver to repossess Perkins’ pickup truck.
Morgan County circuit judge Charles Elliott ruled against dismissing the case on the grounds of self-defense. A trial is scheduled for June, but the defense may appeal with a state appellate court. Under Alabama’s “stand your ground” law, individuals have immunity from prosecution if they believe themselves to be in danger and are in a place they have the right to be. However, Judge Elliott stated that it will ultimately be up to the jury to determine if Marquette was operating as a police officer when he shot Perkins. He noted that “It is on this hinge that the door of this case swings.”
The repossession was authorized by Perkins’ creditor due to missed payments, according to lien documents presented in court. However, Marquette’s involvement was unauthorized, as Alabama law requires a court order for police assistance in repossession events, which was not obtained. Testimonies from an earlier hearing presented conflicting reasons why Marquette and fellow officers Joey Williams and Christopher Mukadam were present at Perkins’ home.
Officers were reportedly summoned to assist after Perkins allegedly pointed a firearm at tow-truck driver Caleb Combs during the initial repossession attempt. Combs, along with the officers, regrouped at a nearby tow-yard before returning to Perkins’ residence. The officers positioned themselves covertly near the house, while Combs attempted to repossess the truck again. When Perkins exited his house with a gun pointed at Combs, Marquette, who was hidden, opened fire.
Body camera footage shows Marquette firing all his bullets quickly, with his view partially blocked by Perkins’ truck. Perkins turned to face Marquette and appeared to move his firearm away when the officer began shooting, according to Judge Elliott. The ruling suggests that before proceeding, the officers should have informed Combs that assistance could not include law enforcement unless a judicial process had taken place.
Both accompanying officers testified their presence was meant to “keep the peace” and investigate a potential misdemeanor charge of menacing if Combs chose to lodge charges. A state investigator noted that officer accompaniment is standard for maintaining order, however, the method of concealment used appeared “unusual” for a menacing investigation, which typically necessitates visible presence.
Since there was no ongoing crime scene, Judge Elliott concluded that Marquette overstepped his authority and constituted a trespasser by waiting outside Perkins’ residence. The jury will need to evaluate if Marquette was effectively keeping the peace under his police responsibilities and if a reasonable officer would have acted similarly in this context.