Gov. Greg Abbott (R-TX) announced last week that he had instructed the Texas Board of Pardons and Paroles to examine the case of an Army sergeant who was convicted of murder for the fatal shooting of an armed protester in July 2020.
Daniel Perry, who was working as a ride-sharing driver, was found guilty of murder for shooting a protester who was armed with an AK-47 who he claims threatened him while participating in a Black Lives Matter protest in Austin.
TRAVIS COUNTY DA SLAMS ABBOTT’S REQUEST FOR PARDON FOR MAN CONVICTED OF KILLING ARMED BLM PROTESTER
Abbott announced on Saturday that he would be seeking the board to expedite the review of Perry’s case, adding that he is looking forward “to approving the board’s pardon recommendation as soon as it hits my desk.” The board confirmed to CNN on Monday that it had received the request and would be “commencing that investigation immediately,” but it did not provide a timetable for the investigation.
The governor of Texas cannot simply pardon someone, as is the case with the president or with executives of other states, but rather can only do so “on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishment and pardons,” per the Texas Constitution.
The Army sergeant, who was stationed at Fort Hood, had been working as an Uber driver in downtown Austin on the evening of July 25, 2020, when he encountered a group of protesters after turning onto a street. Perry’s lawyers had claimed he was acting in self-defense when he shot Garrett Foster, 28, by claiming that Foster was approaching his car with the gun as protesters surrounded the vehicle and banged on the car.
Perry shot Foster five times with his revolver and then drove away and called 911. Prosecutors had argued Perry could have driven away. Witnesses testified that Foster did not raise his gun at Perry. The prosecution also claimed Perry started the incident by running a red light and getting too close to protesters, who were blocking the street.
During the trial, Perry did not testify, but in an interview with police following the shooting, Perry said he was texting on his phone when he then looked up and noticed he was surrounded by protesters, per the Austin American-Statesman. He claimed Foster had indicated he wanted to talk to him, leading Perry to roll down his window, and he said Foster then mumbled something before raising his gun.
“That’s when I got my weapon and pulled the trigger as fast as I could and then drove away and called 911,” Perry said per the outlet.
He added that he aimed for the center of Foster’s body, based on his army training, and did not know what the protest was about.
Texas has a stand-your-ground law, which Abbott said “cannot be nullified by a jury or a progressive district attorney.” The prosecution had argued that Perry had instigated the incident and therefore was not protected from liability for Foster’s death.
Perry was found guilty of murder by a Travis County jury last week but was found not guilty of aggravated assault.
Texas Attorney General Ken Paxton slammed the decision, saying that “self-defense is a God-given right, not a crime.” He also alleged the Austin Police Department’s special investigator withheld evidence that he claimed could have helped Perry’s self-defense claims in an interview on Newsmax on Monday. Paxton said he was unsure of what the evidence was but added that Perry’s attorneys had made slides for the jury that were denied.
Travis County District Attorney Jose Garza slammed Abbott’s decision to seek a pardon for Perry, saying the verdict should be up to the jury instead of the governor.
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“In our legal system, a jury gets to decide whether a defendant is guilty or innocent — not the governor,” Garza said in a statement. “As this process continues, the Travis County District Attorney’s office will continue to fight to uphold the rule of law and to hold accountable people who commit acts of gun violence in our community.”
If Perry is not pardoned, he could be sentenced to as much as life in prison. If Perry is not pardoned, state district court Judge Clifford Brown is expected to consider various factors, including social media posts by Perry about the 2020 Black Lives Matter protests, per the Austin American-Statesman.
