The Alabama Court of Criminal Appeals denied the appeal of a Theodore man convicted of the death of a Mobile Police officer.
Marco Antonio Perez, 26, was sentenced to death for the capital murder of Sean Tuder.
Tuder was shot and killed on January 20, 2019, while serving an arrest warrant. The shooting occurred at an apartment complex off Leroy Steven Road at 3 p.m.
According to police, Perez had federal warrants and had previously faked his abduction to avoid prosecution.
In 2021, jurors acquitted Perez on federal charges of obstructing justice by killing a witness and firing a gun during a violent crime. Attorneys argued Tuder did not identify himself as an officer, and Perez protected himself under Alabama's "Stand Your Ground" law when he identified what he believed to be a threat. The same argument was offered by the defense in the state case, but to no avail.
Perez was convicted on federal charges of possessing a stolen firearm and receiving a gun while under indictment and sentenced to 25 years in prison.
According to Tuder's obituary, the police officer was 31 years old at the time of his death. He was a member of the Alabama National Guard and had been with the Mobile Police Department since 2016.
Perez is incarcerated on death row at Holman Prison.
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