AUSTIN (Talk1370.com) -- Travis County's district attorney responded Sunday to Texas Gov. Greg Abbott's call for a pardon of Daniel Perry, who was found guilty of murder by a Travis County jury on Friday.
"A jury gets to decide whether a defendant is guilty or innocent – not the governor," said Garza in a statement.
Abbott, in a tweet on Saturday, said he had requested the state's Board of Pardons and Paroles to review the Perry case in an expedited manner. Under state law, the governor can only act on a pardon recommendation from the board.
"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," Abbott said Saturday in a statement accompanying his tweet.
Perry claimed that he shot Garrett Foster in self-defense, after Foster raised the AK-47 towards him. Prosecutors argued that Perry had other options.
Garza called Abbott's move to intervene in the case "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," said Garza. "After hearing from civilian eyewitnesses and expert witnesses, and deliberating for over fifteen hours, they reached the unanimous decision that Daniel Perry did not kill Garrett Foster in self-defense and was guilty of murder beyond a reasonable doubt. I thank them for their service and want them to know that their service and the service of every juror matters. In our legal system, a jury gets to decide whether a defendant is guilty or innocent - not the Governor."
"Make no mistake, without intervention from the Governor, the defendant's conviction would be reviewed by both state and federal courts who will examine the record to ensure that no legal errors were made at this level and that the evidence supported the conviction," Garza continued. "Our constitution has built in protections to ensure that no defendant is convicted when the law or evidence does not support it, and this is a central tenant of our legal system."
"The proceedings in the case of the State of Texas v. Perry are not yet concluded. Tomorrow morning, Criminal District Judge Clifford Brown will set a date for the sentencing hearing. At that the sentencing hearing, the Judge will be able to consider and evaluate additional evidence before sentencing Mr. Perry for the crime he committed."
With the conviction, Perry is facing up to life in prison.
"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."
