Texas governor pardons Daniel Perry, convicted of taking pictures and killing protester in 2020

Texas Gov. Greg Abbott on Thursday pardoned Daniel Perry, an Military sergeant sentenced to 25 years in jail for taking pictures and killing a protester in 2020. The Republican governor issued his pardon after a unanimous advice by the Texas Board of Pardons and Paroles.  

The Board additionally unanimously voted to advocate a full restoration of Perry’s firearm rights. 

“Texas has one of many strongest ‘Stand Your Floor’ legal guidelines of self-defense that can’t be nullified by a jury or a progressive District Legal professional,” Abbott mentioned in an announcement. “I thank the Board for its thorough investigation, and I approve their pardon advice.” 

Texas legislation states that the governor can grant a pardon after a advice by the state’s Board of Pardons and Paroles, whose members are appointed by the governor. 

An investigation into Perry’s case started on April eighth, 2024, on the request of the governor, the parole board mentioned in an announcement. The request got here someday after Perry was convicted for the homicide of Garrett Foster, 28, who was protesting for racial justice and in opposition to police brutality in downtown Austin. 

Perry’s attorneys mentioned their shopper, a U.S. Military sergeant who was stationed at Fort Hood on the time of the taking pictures and dealing as a ride-share driver, was a part of a “political prosecution” and claimed that he acted in self-defense. Foster, a U.S. Air Power veteran, was carrying an AK-47 on July 25, 2020, and Perry’s legal professionals argued that Foster approached their shopper’s car. 

Prosecutors mentioned witnesses by no means noticed Foster elevate his weapon – and that Perry did not want to fireside his gun. 

Prosecutors additionally offered social media posts and messages that they mentioned confirmed Perry’s frame of mind earlier than the taking pictures. He had looked for phrases together with “protest in austin at the moment,” “protest in dallas at the moment” and “protesters in seattle get shot.”

Members of the Board of Pardons and Paroles “delved into the intricacies of Perry’s case” earlier than arriving at their resolution, the board mentioned in an announcement. “The investigation’s efforts encompassed a meticulous assessment of related paperwork, from police stories to court docket information, witness statements, and interviews with people linked to the case.” 

Perry’s lawyer Doug O’Connell on Thursday thanked the governor in an announcement to CBS Information, saying the pardon corrected “the courtroom travesty which occurred over a 12 months in the past and represents true justice on this case.” He mentioned that Perry is “thrilled and elated to be free,” and that he additionally wished “this tragic occasion by no means occurred” and he “by no means needed to defend himself in opposition to Mr. Foster’s illegal actions.” 

O’Connell additionally famous that Perry acknowledges “that the Foster household is grieving.”

Travis County District Legal professional José Garza, whose workplace oversaw the case, ensured that the board allotted time for prosecutors and Foster’s household to make displays earlier than they issued their suggestions. In an announcement signaling his disappointment, Garza mentioned the latest actions of the Governor and Board “have put their politics over justice and made a mockery of our authorized system.” 

“Their actions are opposite to the legislation and display that there are two lessons of individuals on this state the place some lives matter and a few lives don’t,” Garza mentioned.

—Caroline Linton contributed reporting.