UPDATE: Accused Mobile cop killer denied youthful offender status, pleads not guilty

Mobile County

UPDATE (1:55 p.m.) — A Mobile judge has denied accused cop killer Marco Perez his youthful offender application. Perez, who was inside the court room, pleaded not guilty to all charges. As of now, the state says a trial is set for August of 2020.

During the Wednesday hearing, the judge asked the state if there is anything it opposes in the youthful offender application. The state referenced page three of the report, which is not available to the public, saying it has an inaccuracy. The state says the inaccuracy states that Marco Perez raised his hands and backed away when Officer Tuder got out of his car. The state requested the sentence be stricken from the record, but while the judge said he will note the state contests this sentence, he said it will remain in the report.

The state showed prior examples of Perez getting youthful offender status, referencing eight prior charges of breaking and entering into vehicles as well as six prior third degree burglary charges.

Perez’s defense cited “stand your ground laws” for the shooting that killed Mobile Police Officer Sean Tuder. The defense told the judge that while Perez had been granted youthful offender status before, it did not mean he could not get it again. Perez’s defense told the judge this is not the typical case the court sees where a uniformed officer is shot and killed.

Defense lawyers argued there was no way Perez knew Tuder was a police officer at the time of the shooting. The state says this may not be true, saying it believes Perez and Tuder had interacted prior to the shooting.

The defense says on the day of the shooting, Officer Tuder pulled up in an unmarked Volkswagen and did not have any identification on him besides a badge on his side. The defense argues Perez raised his hands and backed up before the altercation. While there is no body camera footage, the defense says other video as well as witness testimony back up these statements.

He will have a status hearing on January 30. The state says, as of now, there is a trial set for August of 2020.

ORIGINAL STORY:

MOBILE, Ala. (WKRG) — A teenager accused of killing a Mobile Police Officer is expected in court Wednesday. Marco Perez is accused of shooting and killing Mobile Police Officer Sean Tuder.

According to court records, Perez is scheduled for a youthful offender application hearing Wednesday afternoon at 1:30. He’s charged with capital murder.

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