The Alabama Court of Criminal Appeals has overruled an application for rehearing in the capital murder case of Marco Perez, leaving intact his conviction in the 2019 killing of Mobile Police Officer Sean Tuder.
Perez was convicted in 2024 of shooting and killing Tuder, a member of the Mobile Police Department’s gang unit. At the time of the shooting, Perez was 19 years old and on probation. He was wanted on multiple car theft charges and for stealing a gun — the same weapon prosecutors say he used to kill Tuder.
According to prosecutors, Tuder was attempting to arrest Perez at an apartment complex when a scuffle broke out. Prosecutors said Perez shot Tuder three times during the struggle. Perez claimed self-defense at trial, saying he did not know Tuder was a police officer.
A jury convicted Perez of capital murder and voted 11-1 in favor of recommending the death penalty. No execution date has been set.
The Alabama Court of Criminal Appeals’ decision to overrule the rehearing application lets the conviction and sentence stand for now, though further appeals are possible in capital cases as they proceed through the state’s court system.
What Happens Next
After the Court of Criminal Appeals rules, a defendant may ask the Alabama Supreme Court to review the case by petitioning for a writ of certiorari. Death-sentenced defendants may also pursue state postconviction relief under Rule 32 of the Alabama Rules of Criminal Procedure and, later, federal habeas corpus review.
Alabama law requires at least 10 of 12 jurors to vote for death for a jury to recommend a death sentence, and since 2017 judges can no longer override a jury’s sentencing recommendation.
