Alabama Supreme Court orders new review of immunity for cop in Stephen Perkins shooting
Justices said a lower court used the wrong law, further delaying a case that has already been postponed eight times.
The Alabama Supreme Court on Friday ordered a Morgan County judge to reconsider whether a police officer charged in the 2023 fatal shooting of Stephen Perkins is immune from prosecution.
The court ruled that the lower court applied the wrong statute when denying immunity to Mac Marquette, a Decatur police officer who shot and killed Stephen Perkins at Perkins' residence during a dispute between Perkins and another man there to repossess Perkins' vehicle.
“Officer Marquette has clearly established that the courts below applied an incorrect statute in evaluating his claim to immunity,” the opinion states. “The circuit court must reevaluate that claim applying the proper statute.”
Lower courts had decided that a statue providing immunity to police officers in certain use-of-force situations did not apply, but the Alabama Supreme Court on Friday said the lower court needs to consider a separate Alabama law providing immunity for people using force to defend themselves or others.
The ruling does not mean that Marquette should be provided immunity under that law, only that the court must take it into consideration. The matter of Marquette's immunity will have to be decided before the case can proceed to trial.
The decision will further delay a trial that has already been delayed eight times over the span of three years.
