A request to toss out a murder charge for ex-Decatur Police Officer Mac Bailey Marquette was denied by the Court of Criminal Appeals on Friday.

Marquette is charged with murder in the 2023 shooting death of Steve Perkins . Perkins was killed in his front yard during a vehicle repossession.

Marquette's lawyers claim Perkins had a gun at the time of the incident and that Marquette shot him when Perkins turned toward him with that gun.

In March, a judge ruled that Marquette is not immune after his lawyers argued that he was acting within his role as a police officer.

Marquette's trial is currently set for Sept. 15.

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