Police officers' appeal hearings delayed again
Jul. 26—The Personnel Board on Thursday temporarily delayed for a second time the appeal hearings for four Decatur police officers involved in the shooting death of Steve Perkins.
The board voted to move the appeal hearings of Sgt. Vance Summers and officers Joey Williams, Christopher Mukaddam and Mac Marquette to Jan. 22.
Personnel Board member Pam Werstler, who ran Thursday's meeting in the absence of chairman Harold Gilmer, said the board received a joint request to delay the hearings from the attorneys defending the officers.
"The attorneys on record requested an indefinite stay pending criminal and civil actions," Werstler said.
Personnel Board member Nora Vanderploeg said she thinks delaying the hearings is a "reasonable request," especially since a stay in the hearings is not for an indefinite period of time.
Vanderploeg pointed out that Morgan County Circuit Judge Charles Elliott issued a gag order in the Mukaddam case.
"A gag order limits their abilities to due process, to have a hearing and appeal their case," Vanderploeg said.
Personnel Board member Suzie Wiley said the gag order includes "everyone involved" in the case. Elliott's order issued in May applies to prosecutors, the defendant, defense lawyers, Decatur police, the Alabama Law Enforcement Agency and to any witness that is or has been under a subpoena to testify in the case.
"How would you be able to have a hearing when everybody is under a gag order?" Wiley said. "I mean it would be a waste of time and energy on all parties' sides."
Personnel Board member Darius Crayton noted that the terminated officers aren't being paid while their cases are pending.
"I don't think those protesting the case would have a problem with this delay," Crayton said. "It's a reasonable thing for us to do."
Mayor Tab Bowling in November fired three of the officers and suspended another. All four appealed, and the Personnel Board scheduled the initially scheduled the appeal hearings for Jan. 30 through Feb. 2.
Marquette is charged with firing the shots that killed Perkins on Sept. 29. A grand jury on Jan. 4 indicted Marquette for murder. He pleaded not guilty.
The first extension pushed back the appeal hearings to July, but Marquette's trial was set for Nov. 18 and then delayed again. He does not yet have a new date for his criminal trial. Elliott scheduled a status conference in the Marquette criminal case for Sept. 23.
The three terminated officers are no longer considered employees of the city. However, they would be reinstated and receive backpay for the time missed if the Personnel Board upholds their appeals.
The officers' punishments will remain in place and, if the hearings are not held or rescheduled within six months, will become permanent.
According to Decatur police, the incident leading to Steve Perkins' death began when a tow truck driver attempted to repossess his truck, which was parked in his Ryan Drive Southwest driveway, at about 1:30 a.m. Police said Perkins threatened the driver with a gun, and the driver left and called police.
Police then returned with the driver to Perkins' home at about 1:50 a.m. According to ALEA, Perkins had a handgun with a flashlight mounted to it. Perkins, who was hit by seven bullets, never fired, and videos of the incident indicate police first identified themselves seconds before the first shots were fired.
— bayne.hughes@decaturdaily.com or 256-340-2432
