On Monday, March 10, 2025, WHNT reported that former Decatur police officer Mac Marquette is seeking to have Alabama Judge Charles Elliott removed from his murder case, citing alleged violations of judicial ethics. The request comes as Marquette faces charges related to the September 2023 shooting death of Stephen Perkins during an on-duty incident involving a vehicle repossession.

Court documents indicate that Judge Elliott has denied the claims made by Marquette’s legal team. In a motion submitted to the Alabama Court of Criminal Appeals, Marquette’s attorneys assert that they received information suggesting that Elliott communicated privately with a Decatur Police Lieutenant, who is a witness in the case and subject to a gag order. According to the motion, the judge expressed his intention to deny Marquette’s immunity hearing request due to what he described as “extra-judicial concerns.”

Marquette’s attorneys have outlined several reasons they believe Elliott may be biased, including the case’s high-profile nature, concerns over his family’s safety, and the potential impact on his re-election campaign if he were to grant immunity. The defense contends that Marquette learned of Elliott’s alleged pre-determined stance through discussions that were overheard by others.

Following this revelation, Marquette’s defense filed a motion requesting Elliott’s recusal from the case; however, the judge declined to remove himself and did not agree to a hearing on the matter. The defense argues that Elliott’s actions, which include discussions with a defense attorney and other parties involved in the case, breach multiple judicial ethics standards and raise questions about his impartiality.

The immunity hearing for Marquette is currently scheduled for March 25, but the recent petition could delay this proceeding. The incident that led to the charges against Marquette occurred on September 29, 2023, when he shot and killed 39-year-old Perkins during a vehicle repossession attempt. According to the Alabama Law Enforcement Agency (ALEA), Perkins allegedly pointed a weapon at an officer, prompting Marquette to use lethal force.

Following the shooting, Marquette was placed on administrative leave in accordance with Decatur Police Department policy, and ALEA launched an investigation into the circumstances surrounding Perkins’ death. In January 2024, a grand jury indicted Marquette after the investigation concluded. He subsequently turned himself in to the Morgan County Jail and was released on a $30,000 bond.

 

 

Source: WHNT