Daniel Perry: Pardon under review for Army sergeant convicted of killing Black Lives Matter protester in 2020

AUSTIN, TEXAS: A convicted Army sergeant who was working an Uber shift when he shot and killed a Black Lives Matter protester in Texas with an assault rifle is having his pardon reviewed.

The Texas Board of Pardons and Paroles is investigating Daniel Perry's case in the July 25, 2020, shooting death of Garrett Foster, who was shot dead during a BLM demonstration in Austin.

Texas Board of Pardons is investigating  Daniel Perry 

The review was initiated in response to Republican Governor Greg Abbott's request for a speedy resolution, citing the state's robust stand-your-ground law and the fact that the case involved self-defense.

Perry's attorneys contended that Foster, an Air Force veteran, was not granted a fair trial and that he unlawfully owned an AK-47 rifle and was not allowed to carry it.

In a statement on Wednesday, February 14, published by the Austin American-Statesman, the board said it is “still in the process of investigating Daniel Perry for a possible pardon recommendation to the governor."

"Upon completion of the investigation and vote, the decision of the board of pardons and paroles will be available.” Doug O'Connell, Perry's lawyer, declined to comment.

In a statement on Friday to Law&Crime, the Travis County District Attorney’s Office reacted to the news, saying, “Attempts by the Governor to override the fair and just verdict of guilty after the defendant’s trial for political gain are dangerous not only to our community, but to the integrity of our justice system."

"We will continue to fight to uphold the jury’s decision and insist to the board of pardon and parole that Mr. Perry be treated like any other defendant- including that he serve out his sentence."

"Our hearts go out to the family of the victim, who have yet to receive closure and instead must endure more political gamesmanship over their loss.” 

Sgt Perry claimed violent views towards rioting and looters

According to the American-Statesman, who cited emails obtained by the publication through a public records request, José Garza, the district attorney for Travis County, is in discussions with board members regarding the timing of his pardon appeal.

According to a story published by Law&Crime in August, Perry was an Uber driver when he drove into the rally's crowd after approaching demonstrators who were blocking a road.

He claimed Foster had pointed the AK-47 at him and fired his handgun at the 28-year-old. A grand jury indicted him on July 16, 2021, and he was found guilty of the murder that occurred in April of last year.

Prosecutors claimed during his trial that the murder was premeditated and cited evidence to support their claims that he had violent views toward "rioting" and those he referred to as "looters."

The posts, according to his defense lawyer, were taken out of context and fell under First Amendment protections. In his testimony, the lead police investigator said that Perry might have been acting in self-defense the night of the shooting, so he decided not to arrest him.

Perry was nonetheless given a 25-year prison term in May. Abbott tweeted on April 8 that he was "working as swiftly as Texas law allows regarding the pardon of Sgt. Perry" in response to the outcry over the case. Anna Mayo, Foster's sister, expressed her shock at Abbott's tweet at the time.

She told KVUE, “The jury ultimately came to a decision, and it was unanimous. That shouldn’t be disrespected.”

According to the Associated Press, Clinton Broden, another Perry lawyer, described the conviction as a 'political prosecution' and promised to 'fully cooperate in the pardon process'.

Foster's mother told CBS Texas that during the protest, which lasted 50 days in response to George Floyd's death at the hands of Minneapolis police on May 25, 2020, her son had been pushing his fiancée, a quadruple amputee who lost her limbs after an infection turned septic, through the streets in a wheelchair.

Foster's partner Whitney Mitchell told the Statesman on Thursday, February 15, that the news had traumatized her again.

“This happening right now is just reliving it all over again,” she said. “I feel like everything was put out there, the evidence, everything we went through and all I can say is it is devastating and just brings it up all over again.”