Former Decatur Police officer Mac Bailey Marquette will appeal the ruling in his "stand your ground" hearing.
Marquette is charged with murder in the September 2023 shooting death of Stephen Perkins. Video of the shooting shows what happened when officers accompanied a tow truck driver attempting to repossess Perkins' truck.
Earlier this year, Morgan County Circuit Judge Charles Elliott denied Marquette immunity. In the order, Elliott decided a jury must determine if Marquette was acting within the scope of a law enforcement officer. He set Marquette's trial for June.
RELATED: Decatur Police Chief determines department policies were violated in shooting of Stephen Perkins
A new court filing by the defense states Marquette intends to appeal that decision. The defense is asking to continue the trial until an appellate court decides on the appeal.
The appeal process is estimated to take seven months.
Perkins' family 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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