Prosecutors have asked to amend the indictment of a Theodore man who is set to stand trial later this month on a capital murder charge – a small change in wording that could have a profound effect.
The indictment alleges that Marco Antonio Perez killed Mobile police Officer Sean Tuder, who “was in the act or performance of an official or job related duty.” In a court filing Thursday, prosecutors asked Mobile County Circuit Judge Ben Brooks to allow them to change the language to allege the Perez, 24, killed Tuder while he was “on duty or because of some act or performance of an official or job related duty.
The Mobile County District Attorney’s Office depicts the change as matter of clarity that would not change the charge. “Any reference to the on-duty status of the alleged victim Sean is Irrelevant,” the defense filing states.
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