A Texas man convicted of murder for killing a protester in downtown Austin in July 2020 could receive a pardon from Governor Greg Abbott.
Abbott said in a statement that Texas law allows him to request that the Board of Pardons and Paroles determine whether a person should be granted a pardon. Texas law only allows the governor the ability to issue a pardon after a recommendation has been made by the board. Abbott shared on Twitter that he would be “working as swiftly as Texas law allows: to pardon Daniel Perry … 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 … I have made that request and instructed the board to expedite its review.”
Abbott added that he was “certain” that the board would agree to recommend a pardon, stating that he anticipated approving it “as soon as it hits my desk … Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal.”
Perry, a sergeant in the U.S. Army, was found guilty of murdering Garrett Foster. Perry shot Foster five times as Foster approached his car while carrying an AK-47 rifle. Perry’s lawyers said during his trial that Foster raised his weapon at Perry before he was killed, and that Perry had fired in self-defense. A former Austin police detective testified that it was one of the most clear-cut cases of self-defense he’d ever seen.
Meanwhile, prosecutors argued that Perry had demonstrated anger towards the protesters, and stated in posts made to social media, and intentionally drove into the crowd with a vendetta.
Texas Attorney General Ken Paxton has voiced support for a full pardon of Perry.
Travis County District Attorney Jose Garza said Monday that Perry’s sentencing is slated for 9:15 a.m. on Tuesday, April 11. He faces life in prison.
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