DECATUR, Ala. (AP) — The murder trial of an Alabama police officer who fatally shot an armed Black man in his front yard hangs in the balance as a judge considers whether the officer is shielded by state self-defense immunity laws.

Morgan County circuit court judge Charles Elliott’s decision will largely hinge upon whether the officer had the legitimate authority to be at the man’s house in the first place.

Mac Marquette, 25, is charged with murder in the fatal shooting of Steve Perkins shortly before 2 a.m. on Sept. 29, 2023, while accompanying a tow-truck driver to repossess Perkins’ truck at his home in Decatur.

The northern Alabama city of 60,000 people was roiled with protest after Perkins’ death, and the judge had to issue warnings to silence outcries in the packed courtroom during the immunity hearing on Tuesday and Wednesday.

Alabama’s “stand your ground” law 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.

Prosecutors didn’t contest the defense’s claim that Perkins briefly pointed his gun towards Marquette before the officer fired 17 shots, killing Perkins, based on body camera footage shown in court Tuesday. The footage considered was from the two officers who accompanied Marquette and the tow-truck driver — video from Marquette’s body camera wasn’t entered into evidence on Tuesday.

The contention was about whether Marquette had a right to be there in the first place. If the judge decides that Marquette was operating outside of the scope of his duties as an officer, then Marquette will not be shielded by self-defense laws and his trial will proceed in April.

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. Combs was authorized by Perkins’ creditor to repossess the vehicle but not a judge.

Defense attorneys said that Marquette and the two other officers who were dispatched with him had an obligation to accompany the tow-truck driver, Caleb Combs, on his second effort to repossess Perkins’ truck. Combs called officers after Perkins pointed a gun at his chest in the initial vehicle seizure attempt.

“You have officers responding to a citizen’s request for help,” said Lance LoRusso, one of Marquette’s attorneys.

Officers testified that the decision to accompany the tow-truck driver was approved by their superiors because these types of “standby” operations to “keep the peace” are routine for patrol shifts. Officers also said that it is a well established tactic to approach houses from out of sight.

Christopher Mukadam, one of the officers at Perkins’ house with Marquette, didn’t have his body camera on when he first spoke with Combs — a breach of department policy that cast uncertainty on his testimony that Combs asked for an escort. Combs testified that he didn’t explicitly ask the officers to accompany him.

Chief assistant district attorney Garrick Vickery said “there was no reason” for officers to be at Perkins’ house without a court order.

Vickery also argued that officers weren’t keeping the peace because they intentionally positioned themselves out of Perkins’ eyesight.

“There was no way that Steve Perkins could have known that police were on the scene until about one and a half seconds before he was shot and killed,” said Vickery.

___

Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.