DECATUR, Ala. — An Alabama judge heard conflicting testimony on Tuesday about newly released body camera video that captured the moments before a police officer fatally shot an armed Black man outside of his home, in a case that highlights the complex legal questions that arise after police shootings in states with “stand your ground” laws and widespread gun ownership.
Mac Marquette, 25, is charged with murder for fatally shooting Steve Perkins just before 2 a.m. on September 29, 2023, while accompanying a tow-truck driver to repossess Perkins’ truck at his home in Decatur, Alabama. The newly released video appears to confirm officer’s testimony that Perkins pointed a gun at Marquette. But a law enforcement expert who investigated the shooting says that Marquette also had the opportunity to deescalate the situation to avoid a violent confrontation.
Circuit court judge Charles Elliot heard arguments on Tuesday about whether Marquette should be shielded from prosecution by Alabama’s “stand your ground” law, which grants immunity from prosecution to any individual who uses deadly force as long as they are in a place they have a right to be and reasonably believe they are in danger.
Stand your ground laws have proliferated nationally after the fatal shooting of Trayvon Martin in 2012, sparking debate about race, gun laws and self-defense. Upward of 30 states have some form of the law, according to the National Conference of State Legislatures.
Marquette was one of three officers who was dispatched to help Caleb Combs after he called the police to report Perkins for pointing a gun at his chest when Combs tried to repossess Perkins’ truck. Combs, who was authorized by Perkins’ creditor to repossess the truck, said he wanted to retry the seizure but said he “would not go back alone.”
All three officers were out of sight from Combs and Perkins’ front door when Combs returned to Perkins’ home with his tow-truck, according to body camera video. Marquette and another officer, Joey Williams, stood at the side of the house.
When Combs tried to repossess Perkins’ pickup truck for the second time, Perkins emerged from his house yelling, “drop my truck” with expletives, Combs said.
Attorneys relied on a beam cast by a tactical light attached to Perkins’ handgun to identify where his weapon was pointed when he emerged from his house for the second time. The beam appeared to indicate that Perkins pointed his gun towards Combs’ tow-truck.
Videos from both two of the officers’ body cameras then show Marquette rounding the corner to confront Perkins. In a matter of seconds, Perkins pointed the gun at Marquette, who shouted “Police, get on the ground” and almost instantly fired approximately 17 bullets, killing Perkins.
Just before Marquette opened fire, Mukkadam’s body camera video appears to show the light from Perkins’ gun pointing upwards against his house, away from Marquette. Prosecutors said that indicated that Perkins tried to raise his arms in surrender before he was killed.
Judge Elliot didn’t review Marquette’s body camera video.
Perkins’ didn’t fire any bullets but his gun was found with a “depressed trigger,” King testified. King said it is not clear when the trigger was pulled, and that the chamber was empty.
“That was the most scared I’ve ever been,” Marquette said in an interview he gave investigators immediately after the shooting, according to an audio recording played in court.
King said that the officers had “reasonable belief that Perkins was going to use deadly force” and had to make a quick decision. But he also questioned why the officers were there in the first place, and said there were other police tactics that would have avoided the situation altogether.
Creditors don’t need a judge to authorize the repossession a vehicle if a person fails to make loan payments. But Alabama law requires a court order if there is a “breach of the peace” in the initial attempt to seize the vehicle, and law enforcement is prohibited from assisting the repossession without a judge’s authorization.
All witnesses agreed that there was a breach of peace when Combs initially tried to seize Perkins’ truck.
Mukkadam and Williams both testified that they weren’t assisting with the repossession, which would violate Alabama law, but were instead providing a “civil escort” that was routinely done to “keep the peace.”
Marquette’s defense attorney Liz Young said that the officers were obligated to go to Perkins’ house.
“If you’re dispatched to a call you don’t have a choice but to go,” Young said.
King said that officers “exceeded the scope” of their responsibilities because they didn’t have a court order authorizing the vehicle seizure. King said the tactics the three officers used were “unusual” and typically reserved for “active crime scenes.”
“In order to keep the peace you need officer presence, and officer presence means an officer had to be visible,” King said.
The hearing comes on the heels of two years of intense conflict and protest about Perkins’ death in the northern Alabama city of approximately 60,000 people.
Perkins’ wife and mother both left while the body camera video of the shooting played. Over 100 people filled the courtroom to capacity on Tuesday. Some wearing shirts that read “back the blue” sat in the benches behind Marquette. Across the aisle, others wore shirts that read “#IAmStevePerkins” and sat behind Perkins’ family.
Elliot will hear arguments from both sides on Wednesday. If he denies the former officer immunity, Marquette’s trial will begin on April 7.
