Texas Governor Greg Abbott recently issued a pardon on May 16 for Daniel Perry, an Army sergeant convicted of murdering Garrett Foster, a Black Lives Matter protester, during a demonstration in July 2020. Perry, who had been sentenced to 25 years in prison, was released shortly after the pardon was signed, NBC News reported. Abbott announced Perry’s pardon after the Texas Board of Pardons and Paroles announced a unanimous recommendation that Perry be pardoned and have his firearms rights restored.
After Perry’s conviction, Abbott had vowed to pardon him.
In 2023, Perry was found guilty by a Travis County jury for the fatal shooting of Foster during a protest against racial injustice and police brutality in downtown Austin. Foster, an Air Force veteran, was legally carrying a semiautomatic rifle when he approached Perry’s vehicle. Perry claimed he acted in self-defense, stating that Foster had pointed the rifle at him. However, witnesses testified that Foster did not raise his firearm.
Governor Abbott had previously expressed his intention to pardon Perry, directing the Texas Board of Pardons and Paroles to review the case. The board unanimously recommended the pardon, which Abbott promptly signed. In his statement, Abbott emphasized Texas’ strong “stand your ground” laws, suggesting Perry’s actions were in line with these self-defense statutes.
According to AP News, Travis County District Attorney José Garza condemned the decision, stating, “The board and Governor Abbott have made a mockery of our legal system. 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.”
He added, “The board and the governor have put their politics over justice. 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.”
Perry, a white former Army sergeant, encountered Foster and other protesters on July 25, 2020, while working as a ride-share driver. Police reported that Perry shot Foster from his car with a handgun, resulting in Foster’s death. During the trial, prosecutors presented social media posts and text messages to portray Perry as a racist, arguing that he could have driven away without resorting to lethal force. Perry was acquitted of a second charge of aggravated assault with a deadly weapon.
(L-R) Daniel Perry, photo via Austin Police Department; Texas Gov. Greg Abbott after a debate with Texas Democratic gubernatorial candidate Beto O’Rourke, Sept. 30, 2022, in McAllen, Texas. (AP/Eric Gay); Garrett Foster, photo via social media