Texas Gov. Greg Abbott on Thursday pardoned an Army sergeant who was convicted of murder last year for fatally shooting a protester in downtown Austin in July 2020.
Daniel Perry was convicted by a Travis County jury last year and sentenced to 25 years in prison for the murder of Garrett Foster. At the same time, Mr. Abbott made it clear that he wanted to pardon Mr. Perry and asked the Board of Pardons and Parole to consider Mr. Perry's case.
The board unanimously recommended Thursday that Perry be pardoned, and Mr. Abbott signed the declaration. Perry was released from prison shortly thereafter.
Travis County District Attorney Jose Garza denounced the pardon, saying the board and Mr. Abbott “made a mockery of our legal system.”
“Their actions violate the law and show that there are two classes of people in this state, some lives matter and some lives don't,” Garza said. said in a statement Thursday. “They sent a message to Garrett Foster's family, his partner, and our community that his life doesn't matter.”
He added that it sent a message to community members who gave up their time to serve on grand juries or trial court jurors that their service “doesn't matter.”
Police said Perry encountered a group of protesters on July 25, 2020, in downtown Austin, about 110 miles from Fort Hood, where he was based. The group had been demonstrating against racial injustice and police brutality in the wake of the killing of black man George Floyd by a Minnesota police officer several weeks ago.
Foster was participating in a protest and was legally in possession of a semi-automatic rifle when he approached the intersection where Perry was in his car. Perry shot Foster with a handgun from his car.
Police said Perry told police Foster, an Air Force veteran, pointed a rifle at him and that he acted in self-defense. Abbott argued that Perry should have been immune from prosecution under Texas' “stand your ground” law.
Prosecutors used Perry's past social media posts and text messages to portray him as a racist at trial, and that Perry drove off without firing a shot. He also claimed that he could do it. Witnesses also testified that they never saw Foster raise the gun at Perry.
Perry was convicted of murder but acquitted of a second charge of aggravated assault with a deadly weapon.
The governor's pardon Thursday will restore Perry's rights as if he had never been convicted, including the right to own a firearm.
The Texas Department of Criminal Justice confirmed that Perry was pardoned and released.
Perry's attorney, Clint Broden, said in a statement that while the circumstances of the case were “always tragic,” the evidence supported Perry's explanation of self-defense. Attorneys accused Garza of suppressing evidence that would have supported Perry's case.
“The Board of Pardons and Parole conducted an extensive independent review of this case,” Broden said. “In particular, after a thorough investigation, we interviewed detectives who had previously determined that Mr. Perry acted in self-defense when confronted by an angry crowd and a man holding a low-profile assault rifle. ”
He added that Mr. Perry and his family appreciate the board's careful consideration.
