Morgan County Circuit Judge Charles Elliott issued a permanent gag order in the case of Mac Bailey Marquette, a Decatur police officer charged with murder in the death of Stephen Perkins.
Perkins was killed on Sept. 29, 2023, when a tow truck driver was attempting to repossess his vehicle. Police responded and fired several shots, killing Perkins.
The Alabama Law Enforcement Agency (ALEA) was called in to investigate but later turned over the case to the Morgan County District Attorney's Office.
Police initially released surveillance video of the shooting, but 1819 News obtained video compiled by ALEA for the DA's office as part of their investigation.
The gag order restricts law enforcement from making public comments on or releasing any evidence in the case.
"The press carries with it the duty of informing the public of matters happening within the walls of a courtroom, and in also protecting the public by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny and criticism," Elliott wrote in the order. "… It is this microscope that individuals serving in these capacities have volunteered to put themselves under. However, the press must not be allowed to 'divert the trial from the very purpose of a court system,' [which is to resolve differences] in the calmness and solemnity of the courtroom according to legal procedures."
The judge said the Court's goal is to ensure a fair trial by jury. The trial is set for October 21.
An attorney for the Perkins family said Perkins did not have time to comply with police before he was gunned down.
Marquette has pleaded not guilty and is considered innocent until convicted in a court of law.
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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