Alabama Supreme Court Hears Repo Death Immunity Plea

TUSCALOOSA, Ala. (WBRC) – The Alabama Supreme Court was at the University of Alabama in Tuscaloosa on Wednesday, Jan. 28, and heard arguments in a big legal case.

The justices heard a former-Decatur officer’s plea for immunity in the murder of Steve Perkins.

The Alabama Supreme Court does this every couple of years, primarily to give law students a first-hand look at how this level of justice operates.

The hearing on Wednesday focused only on oral arguments in the murder case against former Decatur police officer Mac Marquette.

The full court heard arguments on whether Marquette is entitled to immunity in the shooting death of Perkins. Investigators say Marquette shot and killed Perkins during a truck repossession in 2023.

A lower court had ruled Marquette has not shown a clear legal right to immunity. The defense disagreed. The justices peppered both sides with hard questions. A lower court ruled that officer Marquette operated outside of his scope as a police officer, assisting a tow truck driver during a truck repossession situation. “Is it the state’s position he was trespassing on his property, and therefore not in a position in a place he was allowed to be?” said one justice.

“Yes, your honor. That is exactly correct. Because he was facilitating a repossession, and Mr. Cone – the tow truck driver – he did not have any more of the limited rights to go and repossess. Now, we are not arguing that right is forever extinguished. If you wanted to go the next day to Mr. Perkins’ place of work and snatch the car there, that’s probably reasonable,” said Barrett Bowdre, who argued for the state.

The supreme court hearing comes after delays in Marquette’s trial as the former officer argues self-defense under the state’s Stand Your Ground laws.

“The question is were the officers there, were they lawfully present. I think under the plain wording of the self-repossession statue, officers have the ability to keep the peace in a repossession,” said Marquette’s attorney John Douglas Lloyd.

The Alabama Supreme Court hearing lasted less than an hour. There was no ruling from the justices and no word when their decision will come down.

Marquette is charged with murder and did not attend the hearing.

He is set to stand trial in June.