Judge rejects self-defense motion for dismissal in Alabama officer-involved-shooting case

MONTGOMERY, AL - Morgan County, Alabama Circuit Judge Charles Elliott ruled on Monday that Decatur Police Officer Mac Marquette, 25, failed to prove self-defense in the shooting of an armed man who was shot and killed while standing in his front yard.

The victim, identified as 39-year-old Steve Perkins, was shot and killed by Marquette on Sep. 23, 2023, when he confronted the officer and the tow-truck driver he was accompanying to repossess Perkins’ pickup truck at his home in Decatur, AL.

As reported by The Associated Press, Marquette fired 18 rounds after a span of approximately two seconds after he identified himself as law enforcement. The outlet reported that the officer was joined by two others, Joey Williams and Christopher Mukadam. The trio was dispatched to assist Combs after Perkins allegedly pointed a gun at him upon his first attempt to seize the truck at the behest of Perkins’ creditor.

However, as noted by Judge Elliot, Alabama law requires a court order be issued before law enforcement can be involved in a repossession. No such order was sought.

During his ruling Elliot said that the decision was down to two questions: Was Officer Marquette acting in his capacity as a police officer?, and were his actions consistent with what a reasonable officer in the same situation would do?

Referring to testimony by Alabama Law Enforcement Agency Special Agent Jamie King, the judge said, per WHNT, “Agent King has testified that if the defendant was going to Perkins residence to assist Combs in the repossession, then he was acting outside the scope of his employment as a law enforcement officer.”
 
“However, if the officers were going to keep the peace, then these two questions are questions of fact that can only be answered by a jury.”

The judge further noted that the three officers could have approached the residence to investigate the allegations of menacing with a firearm, however, since they never made contact with Perkins prior to the fatal shooting, the incident was not in the course of an investigation. He interpreted this to mean that under the relevant case law, Marquette “in regard to the menacing investigation, was acting outside the scope of his authority and therefore a trespasser while he was standing on the side of Perkins’s residence while waiting for Combs to arrive.”

In his ruling per The Decatur Daily, Elliott noted that Williams testified "that he was told by Marquette that they were going back to Perkins's home, not to assist in the repossession, but to ensure it happened peacefully."

The Judge’s description of the incident in his ruling was stark. The Daily wrote that when Perkins exited his house to find the repossession underway, the word “Hey!” could be heard shouted twice, first by Perkins and then by Marquette.

"Just before 1:49:05 a.m. ... Marquette shouted, 'Police! Get on the ground!'" and as he shouted the light from Perkins' gun passed over Marquette and then raised up above the roof of Perkins' home, Elliott wrote.

"As the word 'ground' is being said ... Officer Marquette fired the first of 18 rounds," the judge wrote. He went on to explain that Perkins collapsed after the first four shots, noting that Officer Marquette continued to fire until "he had fired every bullet from his gun."

"From the time Marquette yelled 'Hey' to Marquette firing his first bullet, the elapsed time is approximately 1.40 seconds," the judge wrote. He further observed that due to Marquette being obscured by the vehicle, Perkins’ view of the officer would have been obstructed.

Elliot did note, though, that in a statement given to Agent King, "Marquette stated that he 'knew I was about to die and that's when I pulled the trigger.' Marquette described the look he received from Perkins as a 'cold stare.'"

In his order Judge Elliot wrote in part, “Aside from going to keep the peace, Mukadam testified that he also went to Perkins's residence to follow up on the menacing report. He stated that if Combs's repossession had been completed without any incident that he then would have knocked on the front door to make contact with Perkins. Mukadam believed that by knocking on the door prior to the repossession, even for the purpose of investigating the menacing complaint, that he would have been involving himself in the civil matter of the repossession.

"Williams testified that it is Decatur Police Department's policy to investigate all misdemeanor crimes at a patrol level to the extent of their ability. According to Williams, that means an officer is 'going to identify, make contact with, and figure out who at what time or whatever, get both sides of the story.' No one testified that anyone mentioned an investigation of the menacing charge to Combs on the night in question.”


After denying Marquette immunity in the hearing on March 25 and 26, Judge Elliot also scheduled the officer’s trial for June 9th. He will have the opportunity to appeal the self-defense ruling before trial.
 
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