Jury selection has begun for the trial of a Theodore man accused of gunning down a Mobile police officer in 2018 — although the judge has yet to rule on a defense motion to delay the trial.

Marco Antonio Perez is charged with capital murder in the death of Mobile police officer Sean Tuder, who was shot to death at the Peach Place Inn in January 2019.

According to court documents, Perez, who was 19 at the time of the murder, shot Tuder with a stolen gun as Tuder attempted to take Perez into custody on multiple warrants. Investigators say Perez was involved in a drug trafficking ring and the gun that killed Tuder had been stolen only a few days before Tuder’s murder.

Perez, with the help of his mother, also attempted to fake his own kidnapping in order to avoid prosecution on federal gun charges.

Tuder had agreed to work on what was normally a day off after receiving information that Perez had been spotted at the Peach Place Inn on Jeff Hamilton Road in Mobile. Tuder had been among the officers tracking Perez’ whereabouts in order to take him into custody.

Working undercover, Tuder was wearing civilian clothes and driving an unmarked vehicle when he arrived at the apartment complex. He was alone, not wearing a bullet-proof vest and did not have a body-worn camera.

According to court testimony during Perez’ preliminary hearing, video surveillance showed Perez walking toward Tuder’s vehicle, believing it to belong to a relative who was picking him up. Instead, Tuder got out of the vehicle, with his weapon pointed at Perez.

Tuder attempted to take Perez into custody, but a struggle ensued and, out of range of the surveillance camera, Tuder was shot three times. Other officers arriving at the scene found Perez in a nearby wooded area, tased him and took him into custody.

While awaiting trial for Tuder’s murder, Perez was tried on federal gun charges, with a jury finding him guilty in 2021 of receiving a firearm while under indictment and possession of a stolen firearm. Perez was sentenced to 25 years in federal prison. He appealed the sentence, but the 11th U.S. Circuit Court of Appeals upheld the lower court ruling.

Mobile County prosecutors intend to seek the death penalty in the capital murder case, but how soon that trial actually begins will be determined by how Judge Ben Brooks rules on Perez’ motion to have the trial continued to a later date.

Perez’ attorneys argue that publicity surrounding the Jan. 4 murder of George County, Miss., deputy Jeremy Malone by a convicted felon would cause “undue prejudice to Mr. Perez in the form of a tainted jury pool that would unfairly conflate the two incidents.”

In addition, the motion says social media was “replete with discussions regarding the incident and heartfelt expression of grief and condolences” regarding the Malone murder. Perez’ attorneys attached multiple news articles and social media posts in support of the motion.

As of Wednesday, court records indicated Brooks had yet to rule on the motion and the Mobile County District Attorney’s Office told AL.com they were moving forward with jury selection.

Tuder was 31 years old at the time of his murder and had been with the Mobile Police Department for roughly three years. He also served in the Alabama Army National Guard.