Governor Greg Abbott has granted a full pardon to Daniel Perry, a former U.S. Army sergeant convicted of murder in the 2020 shooting death of an armed protester during a Black Lives Matter march. The move has sparked outrage from the victim's family and local officials.
On Thursday, Texas Governor Greg Abbott issued a full pardon for Daniel Perry, a former U.S. Army sergeant convicted of murder in the shooting death of an armed protester during a 2020 Black Lives Matter march.
Perry's pardon came just minutes after a unanimous recommendation from the Texas Board of Pardons and Paroles. Under Texas law, the governor cannot issue a pardon without a recommendation from the board.
"The Texas Board of Pardons and Paroles conducted an exhaustive review of U.S. Army Sergeant Daniel Perry's personal history and the facts surrounding the July 2020 incident and recommended a Full Pardon and Restoration of Full Civil Rights of Citizenship," Abbott said in a statement.
Abbott went on to state that Perry's case had been thoroughly investigated and that the Board had considered all the evidence presented at trial.
Perry was convicted of murder last month in the 2020 shooting death of 28-year-old Garrett Foster, who was legally carrying an AK-47 rifle through downtown Austin during a summer of nationwide riots.
Prosecutors argued that Perry could have driven away without opening fire and that witnesses testified that they never saw Foster raise his gun.
Perry's defense attorneys argued that Foster, who is White, did raise the rifle and that Perry had no choice but to shoot. Perry, who is also White, did not take the witness stand, and jurors deliberated for two days before finding him guilty.
Perry was sentenced to 25 years in prison for Foster's murder.
Perry's attorney, Douglas K. O'Connell, said his client is "thrilled and elated to be free" and "optimistic for his future."
"He wishes that this tragic event never happened and wishes he never had to defend himself against Mr. Foster’s unlawful actions," O'Connell said. "At the same time, Daniel recognizes that the Foster family is grieving. We are anxious to see Daniel reunited with his family and loved ones."
Travis County District Attorney Jose Garza criticized the pardon as a "mockery of our legal system."
"The board and the governor have put their politics over justice," Garza said. "They should be ashamed of themselves. Their actions are contrary to the law and demonstrate that there are two classes of people in this state where some lives matter, and some lives do not. They have sent a message to Garrett Foster's family, to his partner, and to our community that his life does not matter."
Perry served in the Army for more than a decade. At trial, a forensic psychologist testified that he believed Perry has post-traumatic stress disorder from his deployment to Afghanistan and from being bullied as a child.
At the time of the shooting, Perry was stationed at Fort Cavazos, then Fort Hood, about 70 miles north of Austin.
The Associated Press contributed to this report.
