Former Decatur police officer Mac Bailey Marquette has taken his case to the Alabama Supreme Court, filing a petition that asks the justices to throw out his murder charge.
Marquette was indicted in January 2024 in the shooting death of Steve Perkins, who was killed outside his Decatur home during a late-night repossession attempt in September 2023.
Body-camera footage from that night shows Marquette firing 18 rounds within seconds of announcing himself as law enforcement. The shooting sparked protests in Decatur, with critics questioning the role of police in private repossessions and supporters arguing Marquette acted to protect himself.
In March, Morgan County Circuit Judge Charles Elliott denied Marquette’s request for immunity under Alabama’s “stand your ground” law. The ruling found that the officers did not have legal authority to be on Perkins’ property during the repossession and that Marquette failed to prove he was justified in using deadly force. The decision meant the case could proceed to trial.
Marquette’s attorneys challenged that ruling, filing appeals for immunity and seeking to have Elliott removed from the case. The Attorney General’s Office opposed Marquette’s immunity claims in July, saying the evidence should be considered by a jury. The Alabama Court of Criminal Appeals rejected both of Marquette’s efforts earlier this month.
Now, with a new trial date set for November, Marquette is asking the Alabama Supreme Court to intervene. The trial has already been delayed several times. Initially set for June 2025, then pushed to September. If the Supreme Court grants Marquette’s petition, the case could end before reaching a jury
Marquette’s attorneys filed a petition for a writ of mandamus. This legal request would require the state’s highest court to overturn the lower court’s ruling and dismiss the charge. Mandamus is rarely granted, particularly in cases involving a trial judge’s discretion, but it’s Marquette’s last option to avoid trial before a jury hears the evidence.
In the mandamus, an oral argument is specifically requested, “given the Alabama Legislature’s recent passage of the ‘Back the Blue’ HB202.”
During the 2025 Legislative Session, lawmakers passed HB202, a controversial bill sponsored by Rep. Rex Reynolds, R-Huntsville, that enhanced legal protections for police officers. The law does not take effect until October 1.
“Marquette’s request, of course, was not considered under this new law. However, several issues present warrant this Court’s consideration in oral argument in linking pre-Back-the-Blue cases with the soon-to-be current state of the law,” the petition reads.
If mandamus is not granted, the trial will move forward in Morgan County, extending a case that has raised questions about police accountability.
