On Friday, a jury of his peers in Travis County found Sgt. Daniel Perry guilty of murder. Now, with Perry still awaiting sentencing, Texas Gov.
Greg Abbott is already pushing to pardon him.
Perry, a 35-year-old Army sergeant stationed at Fort Hood, has always claimed self-defense in the fatal shooting of Air Force veteran and BLM protester Garrett Foster, but his claims ran counter to witnesses who testified at Perry’s trial.
Perry was working as a rideshare driver on the night of July 25, 2020, when he drove towards a Black Lives Matter protest armed with a handgun. He ended up firing his weapon through the window and killing Foster, who was carrying an AK-47 rifle.
Perry’s defense was that Foster approached his vehicle and aimed the rifle at him, but at trial, the jury was swayed by testimony from witnesses who rebutted that claim, saying Foster didn’t raise his rifle at Perry and that Perry was driving dangerously close to protesters
The prosecution also presented social media posts written by Perry leading up to the incident saying he might “kill a few people on my way to work.”
Evidence showed that only six seconds elapsed from the time Perry turned his vehicle onto Congress Avenue towards the protesters and the fatal shot that killed Foster.
Perry’s trial lasted two weeks, and the jury returned a guilty verdict after over 15 hours of deliberation.
Abbott made his intentions to intervene on behalf of Perry known over the weekend, saying “Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive District Attorney.”
According to Texas state law though, the governor cannot simply pardon a convicted criminal by himself. The Board of Pardons and Paroles must first recommend such an action, though Abbott is allowed to ask the Board to review specific cases.
“I have made that request and instructed the Board to expedite its review,” Abbott said. “I look forward to approving the Board’s pardon recommendation as soon as it hits my desk.”
The BPP did confirm to NPR that they received Abbott’s request for a review of Perry’s case.
“The board will be commencing that investigation immediately,” the BPP told NPR. “Upon completion, the board will report to the governor on the investigation and make recommendations to the governor.”
Travis County District Attorney José Garza called the turn of events “deeply troubling.”
“In this case, a jury of twelve listened to testimony for nearly two weeks, upending their lives to painstakingly evaluate the evidence and arguments presented by both the State and the Defense,” Garza told NPR in an emailed statement.
In the meantime, Perry continues to await a court date for his sentencing. He faces up to life in prison.
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