Former Decatur police officer Mac Bailey Marquette was denied immunity and dismissal in connection to a deadly officer-involved shooting.

Marquette is charged with murder in the death of Stephen Perkins, who was shot by police when a tow truck driver was attempting to repossess his truck. The shooting happened in Perkins’s front yard on Sept. 29. 2023.

Morgan County Circuit Judge Charles Elliott denied the defense’s motion for immunity under Alabama’s Stand Your Ground law. In the order, he decided a jury must determine if Marquette was acting within the scope of a law enforcement officer.

The Alabama Law Enforcement Agency (ALEA) investigated the shooting.

Prosecutors claim Perkins did not have time to comply with police before he was gunned down.

Marquette has pleaded not guilty. A settlement hearing will be held on May 22. The trial was continued until June 9.

RELATED: Decatur Police Chief determines department policies were violated in shooting of Stephen Perkins

RELATED: Exclusive — Watch: ALEA video with bodycam footage of Decatur Police shooting involving Stephen Perkins

The family of Perkins has filed a federal wrongful death lawsuit.

RELATED: Stephen Perkins family files federal lawsuit in death case; Names of officers revealed

All parties are considered innocent until proven guilty.

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