MOBILE, Ala. (WALA) - The man accused of killing Mobile Police Officer Sean Tuder will have an opportunity to make his case for youthful offender status, which carries a maximum penalty of three years in prison, in December. 

Marco Perez, was 19-years-old when investigators say he shot and killed Officer Tuder in January.  He's since pleaded not guilty to capital murder. 

Judge Ben Brooks agreed Thursday, because of Perez' age, he has a right to a youthful offender hearing, something both the district attorney and Perez' defense lawyer called a standard procedure. 

In 'procedural' move, Officer Tuder's accused killer granted youthful offender hearing

Marco Perez, accused of killing Mobile Police Officer Sean Tuder, walks into court to ask for a youthful offender hearing, which was set for Dec. 18. 

“There's a lot of motion practice that’ll go into this before [the trial in August next year] so this is one more procedural matter that has to be done," Perez' defense attorney, Jason Darley, said. 

In a typical youthful offender hearing, the judge will be presented with  Perez' biographical information (like his upbringing), past crimes/convictions, and the seriousness of the crime he's being tried for. 

Mobile County District Attorney Ashley Rich says she's seeking the death penalty in the case. 

Judge Brooks also said he'd issue a gag order in the case during Thursday's hearing. The exact date of Perez' youthful offender hearing is December 18. 

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