MOBILE, Ala. (WKRG) — A Mobile Circuit Judge denied accused cop killer Marco Perez’s request for pre-trial immunity and dismissal of capital murder indictment Thursday. Perez is accused of killing Mobile Police Officer Sean Tuder in January 2019.
According to court documents filed in February earlier this year, his attorneys argued Officer Tuder never identified himself as a policeman, and Perez thought he was being attacked and acted lawfully under Alabama’s Stand Your Ground law. The prosecution says that law doesn’t apply because Perez was a convicted felon barred from owning a gun and that the weapon used was stolen.
Court documents filed Monday denying Perez’s request state, “Based on the above, and the totality of the facts and circumstances presented to the Court, the Court finds that on a number of alternative grounds the Defendant is not entitled to a pre-trial declaration of pre-trial immunity. The Court finds that the
Defendant did not meet his burden of proving an entitlement to pre-trial immunity by a preponderance of the evidence, that the Defendant is not legally presumed to be justified in using deadly physical force, and that the Defendant had a common law duty to retreat. Therefore, it is hereby ORDERED that the Defendant’s request for a pre-trial declaration that he is “immune from prosecution as to the Capital Murder charge” under the provisions of Ala. Code §13A-3-23 (1975), and Defendant’s implied request for dismissal of the Capital Murder Indictment on said grounds, are DENIED.”
Perez, who was 19 at the time, was also denied youthful offender status in 2019.