The jury that found Marco Antonio Perez guilty of capital murder in the fatal shooting of a police officer now must decide whether he should be executed for it.
Prosecutors on Thursday afternoon began making that case, showing jurors surveillance footage of an assault Perez committed against another inmate in 2022 at Mobile County Metro Jail and presented evidence form a separate incident when the defendant had a homemade metal “shank” in jail.
To get a death sentence, prosecutors must prove beyond a reasonable doubt that the reason Perez killed Tuder was to avoid arrest or effect an escape. If the jurors agree, they will then decide whether that outweighs any mitigating factors, such as Perez’s age – 19 at the time. In his opening statement, defense attorney Jason Darley called this the hardest case he has had in 19 years of practicing law.Darley said the human brain is not fully formed at age 19. Whatever his mistakes, Darley said, Perez is a son and father whose parents love him.
Prosecutors argued that Perez is a future danger and presented evidence of conduct after the murder to make their point. Jurors saw surveillance video from Mobile County Metro Jail showing him assault another inmate in 2022 during a dispute over a cell phone. Prosecutors presented evidence of a separate incident in which Perez had a metal shank.
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