Marco Perez: Alabama man given death penalty for fatally shooting police officer Sean Tuder

MOBILE COUNTY, ALABAMA: Theodore resident Marco Antonio Perez was found guilty by a jury on Friday, March 16, and given the death penalty for the murder of police officer Sean Tuder, five years ago.

The jury's guilty decision in the capital murder case came after two days of testimony and evidence that were presented during the sentencing phase of the trial. The verdict was reached on an 11-1 vote.

District attorney praises death penalty sentence for Marco Perez

Keith Blackwood, the district attorney for Mobile County, commended the decision and stated that it sends a clear message.

“Sean Tuder put that badge on to protect and serve this community and for it, he got sentenced to death by Marco Perez,” Blackwood said, as reported by FOX 10.

He went on to say, “We cannot tolerate that in our community, and we will not. Our police are vital to civilization. They’re vital to our community. And when the police get murdered, we’re gonna seek the death penalty.” 

It was an emotional decision for the parents of Marco Perez, according to defense lawyer Dennis Knizley.

“Of course, they’re devastated. You saw Mr. and Mrs. Perez in there. They’re good people; they’re hard-working people. You know, they had a young kid, 19 years old, that went what astray,” Knizley remarked.

As per Knizley, Perez has several compelling arguments to make in his appeal, especially in light of Mobile County Circuit Judge Ben Brooks' ruling to admit evidence of Perez's theft of vehicles and firearms, among other unrelated offenses.

The prosecution successfully argued that in order to demonstrate the shooting's motivation—that is, his running from the police—evidence was required. “It was … way too much,” Knizley said.

He further added, “It was too prejudicial, and it should not have come before the jury. It made it very difficult for this jury to isolate that conduct from the conduct he was actually on trial for.”

Marco Perez was sentenced to life in prison without parole

Coincidentally, Perez's attorney requested on Friday, March 15 that the US Supreme Court hear his appeal of the sentence in a federal case involving the same incident.

The jury determined on Thursday, March 14, that on January 20, 2019, at the Peach Place Inn apartments, Perez had shot and killed the Mobile police officer.

At the time, Perez was evading law enforcement after a federal warrant for his arrest was issued due to his absence from a pretrial services officer meeting regarding a firearms charge.

The testimony states that on Sunday, March 17, Tuder received a tip that Perez was at the apartment building located off Leroy Stevens Road in West Mobile while he was at home in Daphne.

The sentencing phase of the proceedings began as soon as the verdict was announced on Thursday. The jury had the final say in this matter under Alabama law. Perez was sentenced to life in prison without the possibility of parole by just seven of the twelve jurors.

However, the jury had to agree unanimously that the prosecution had proven at least one aggravating factor before they could even consider that option. The one they mentioned was murdering a policeman in order to get away or prevent being arrested.

The defense emphasized that the defendant's age—19 at the time—should be taken into account by the jury as a mitigating factor.

The case revolved around 'selflessness vs selfishness'

During her closing argument, Mobile County Assistant District Attorney Madison Davis told the jury that this case was about "selflessness vs selfishness."

“That’s what comes to mind when I think of what happened on January 20, 2019,” she said.

During the guilt phase of the trial, prosecutors presented "copious amounts of evidence," which Davis informed the jurors they could take into consideration.

According to Davis, the evidence proved beyond a reasonable doubt that Perez fired three shots from a stolen gun with malicious intent.

“It was not because he was scared or fearful or provoked,” she said. “It was because he was on the run, and he was not going back to jail.”

Ashley Cameron, the defense lawyer, emphasized Perez's age—19 at the time of the shooting. She noted that Perez also had attention deficit hyperactivity disorder, adding to the age-related decline in decision-making abilities.

“He was a teenager when he did this, not legally allowed to drink a beer but old enough for the state of Alabama to execute,” she said.

“If he is sentenced to death today, he will be one of the youngest people on row,” Cameron added.

Prosecutors presented evidence of Marco Perez's violent actions

Evidence of Perez's acts of violence and breaking the law during his incarceration at Mobile County Metro Jail pending trial was presented by the prosecution.

The evidence comprises two assaults, one of which involved an order for the victim to strip, followed by an assault on him for refusing. Additionally, it was testified that Perez possessed a homemade metal "shank."

Perez has "continued to wreak havoc on Metro Jail," according to the evidence, Davis said, adding, “What would he do to a prison guard who holds the key to his future?”

Additionally, Tuder's widow and other family members were called by the prosecution to testify about the emotional trauma that his death had caused them.

Perez's mother and other family members testified on behalf of the defense. In the penalty phase, opposing expert witness testimony was presented as well.

A defense psychiatrist stated that a person's brain does not fully develop until around the age of 25. According to testimony from a prosecution expert witness, middle adolescence is when higher-level thinking starts.