Alabama SC Reopens Immunity Question in Fatal Repo Shooting
The Alabama Supreme Court has ordered a new review of a former Decatur police officer’s claim of immunity in the 2023 fatal shooting of Stephen Perkins, sending the case back to a Morgan County court after determining that the wrong statute was used to evaluate the claim.
Mac Bailey Marquette, a former Decatur police officer, is charged with murder in Perkins’ death on September 29, 2023. The shooting occurred at Perkins’ home while a tow truck driver was attempting to repossess his pickup truck. Marquette and other officers were present during the incident.
In its October 16, 2026, decision, the Alabama Supreme Court concluded that the lower court evaluated Marquette’s immunity claim under the statute governing the use of force by peace officers rather than the state’s defense-of-persons statute. The court directed the circuit court to reconsider the claim under the correct law and determine whether the use of deadly force qualified for legal immunity.
Marquette has argued that he acted in defense of himself and the tow truck driver. Prosecutors have opposed his request for immunity, maintaining that the circumstances surrounding the encounter do not justify dismissing the murder charge before trial. Two lower courts had previously rejected Marquette’s immunity claim.
The legal distinction is significant. Alabama’s defense-of-persons law addresses circumstances in which a person may use deadly physical force based on a reasonable belief that another person is using or about to use unlawful deadly force. When the statutory requirements are met, the law can provide immunity from prosecution. The question is whether Marquette qualifies for that protection under the facts and applicable law.
The ruling does not dismiss the murder charge, establish that the shooting was justified, or determine Marquette’s guilt or innocence. It requires the lower court to reconsider the immunity issue using the proper legal standard.
The case has drawn national attention because it arose from a vehicle repossession attempt and raises questions about the role of law enforcement when a recovery operation turns confrontational. The legal issues surrounding the officers’ presence at the property, the events leading to the shooting, and the use of deadly force remain central to the case.
Marquette’s trial had been postponed while the state Supreme Court considered the immunity appeal. The latest report from 1819 News states that the court has not set a new trial date.
For the collateral recovery industry, the case remains a reminder of how quickly a repossession encounter can become a criminal matter with consequences extending far beyond the recovery itself. The Supreme Court’s decision addresses the legal framework for evaluating immunity; it does not resolve the underlying factual disputes or establish a blanket rule for law enforcement involvement in repossessions.
Marquette remains charged with murder, and the case will return to the lower court for further proceedings.
