MOBILE, Alabama (WALA) – Federal prosecutors will ask a judge to throw the book at a man accused of killing a police officer but convicted of less serious offenses, according to a court file.
Marco Antonio Perez is due to be sentenced on Monday. Prosecutors have indicated they intend to seek a 25-year prison sentence cumulating the maximum sentence for the two counts he was convicted of, plus an improvement based on Perez’s having committed the crimes while on parole while facing a federal charge.
Prosecutors also argue that the federal time should be consecutive to any punishment he received in state court, where he faces a capital murder charge resulting from the November 2018 shooting of Officer Sean Tuder.
“During the commission of the crimes for which he was convicted, Perez killed a police officer,” the court record reads. “Perez took the life of an official. Perez took the life of a beloved son, husband, family member and friend.
In October, the jury found Perez, 22, guilty of receiving a firearm while indicted and possessing a stolen firearm, but acquitted him of the most serious offenses – use gunshot in a violent crime and obstructs justice by killing a witness in a federal case. This witness was Tuder, who was attempting to arrest him at the time in the parking lot of the Peach Place apartments.
Prosecutors cite Perez’s danger to the community, his likelihood of committing further crimes, and the need for deterrence. They also argue that the judge should consider evidence at trial that Perez knew or should have known that Tuder was a law enforcement officer.
Defense attorney John Beck declined to comment. But in a court file, he notes that the jury dismissed the charge. He argued during the trial that his client couldn’t find out who Perez was because he was in civilian clothes.
“This defendant was acquitted of this same offense in counts 3 and 4 and the jury has already made a finding of fact in this regard,” he wrote.
At the time of the fatal shooting, Perez was charged with a federal charge of possession of a stolen firearm. Prosecutors argue that a 10-year increase should be applied to Tuder’s sentence because he was on parole on this charge at the time of Tuder’s death. They also urge the judge to order that the maximum sentence of 25 years be executed separately from any time he is sentenced if found guilty in state court, where he faces a charge of capital murder.
“When an individual charged with a federal crime is released on conditional release, fails to follow the instructions of a federal judge, obtains a stolen firearm, and commits murder with that firearm, he and the public must understand the serious danger that this creates, ”the prosecutors wrote. “A maximum sentence is appropriate and supported by the record and all of the sentencing factors. “
Prosecutors point to evidence at trial – including Perez’s own statements to law enforcement investigators – that he shot Tuder on multiple occasions. By his own admission, prosecutors wrote, he “dropped the gun magazine, picked it up, reloaded the gun and fired again. After Perez fired the first shot at Officer Tuder, eleven seconds passed before another shot was heard via home surveillance footage shown at trial.
Tuder’s behavior after the arrest is also relevant, according to prosecutors. Law enforcement authorities charged him with second-degree assault and promoting smuggling in prisons over incidents that occurred while he was locked in the Mobile County Metropolitan Jail awaiting trial. . He has a trial schedule for next month in Mobile County Circuit Court for using a homemade knife to assault an inmate at the Mobile County Metropolitan Jail. He and another inmate attacked the victim with rods and their fists, it is alleged.
Prosecutors report several other incidents while in federal custody at the Escambia County Jail:
- The jailers say Perez assisted another inmate on August 9 with an assault. They allege that he stood over the victim with a rod and threatened to stab him if he fought back.
- The jailers say they must have detained Perez after responding to a flooded cell on August 27.
- The jailers say they must have used chemical spray to prevent Perez from kicking his cell door on November 16. A subsequent search of her bed revealed a plastic substance believed to be synthetic marijuana.
- Jailers say Perez punched another inmate in the face on December 9.
In addition, prosecutors wrote, prison authorities had to remove Perez from the general population on several occasions to prevent him from harming other inmates or property.
“Perez’s behavior while in detention shows his lack of ability to control his actions,” prosecutors wrote. “He has a high likelihood of reoffending, as evidenced by his repeated firearms offenses and escalating violence. “
Perez has a status hearing next week on the capital murder charge, which is tentatively scheduled for trial in August. Prosecutors said they intended to seek the death penalty.
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