Texas Gov. Greg Abbott on Thursday pardoned a man convicted of fatally shooting a protester at a Black Lives Matter demonstration in the summer of 2020, pardoning a deal struck last year amid pressure from conservatives. I fulfilled my promise.
The decision came on the heels of a clemency recommendation from the state Pardons and Parole Board, whose members are appointed by the governor. The man's attorney, Daniel S. Perry, argued that the man acted in self-defense against a protester who was carrying an AK-47-style rifle.
Mr Perry was sentenced to 25 years in prison at an emotional hearing last year, with prosecutors presenting evidence of racist comments he had made online and psychological experts saying he was ” It was determined that the gun was basically a loaded gun. While the pardons board considered the case, Travis County District Attorney Jose Garza and others met with the board and opposed the pardon.
Texas law requires a recommendation from the board before the governor can issue a pardon.
“Texas has one of the strongest 'stand your ground' self-defense laws that cannot be overridden by a jury or a progressive district attorney,” Abbott, a Republican, said in a statement Thursday. “We appreciate the Board’s thorough investigation and approve the clemency recommendation.”
Garrett Foster, 28, a former U.S. Air Force mechanic and lawyer for the protesters' families, criticized the governor's decision.
“The great governor of Texas has overturned the rule of law,” said attorney Quentin Brogdon, who represented Foster's mother, Sheila, in a civil lawsuit related to her son's murder. Mr. Perry's beliefs. “It’s a fair question to ask, are the governors doing this based on the merits of the case or are they doing this based on politics?”
The incident comes at the intersection of some of the most controversial issues facing the country, including protests over the killing of George Floyd, the proliferation of military-style rifles in civilian hands, and the legal rights of those who choose to take a stand. I came across it. If they perceive themselves to be threatened, they will get on the ground and open fire, rather than retreating.
Perry, an active-duty U.S. Army sergeant, was working as an Uber driver in downtown Austin on the night of July 25, 2020, when he drove into a crowd of protesters.
It was there that a group, including Mr Foster, approached Mr Perry's car. Foster, who like Perry is white, wore a bandana over his face and carried an AK-47-style rifle by a strap. Mr. Perry's attorneys said Mr. Foster began pointing the weapon at him, and that's when Mr. Perry fired.
During the trial, prosecutors presented evidence before the shooting that Perry had expressed hostility toward protesters on social media.
During deliberations, the jury reviewed video of the July 25 crash and considered arguments of self-defense, according to an alternate juror. However, the jury ultimately found him guilty.
Perry's lawyers had asked for a new trial, arguing that at least one juror improperly introduced information into deliberations. However, the judge in the case, Cliff Brown of the 147th Criminal District Court in Travis County, ruled that these actions did not prejudice the verdict.
The governor used the official pardon proclamation to attack the district attorney, saying that Garza did not want justice to be served, but rather “an unethical and biased official act in prosecuting Daniel Scott Perry.” We have demonstrated abuse.”
“District Attorney Garza has directed the lead detective investigating Daniel Scott Perry to withhold exculpatory evidence from the grand jury that will consider whether to report an indictment,” Abbott wrote.
The Austin police detective who worked on the case accused Garza of concealing evidence that could have helped Perry.
Garza, a Democrat, is currently facing proceedings to remove him from office under a new law signed by the governor aimed at limiting the discretion of local prosecutors.
Garza said in a statement that the governor and the Board of Pardons “made a mockery of our legal system” and “should be ashamed.”
“They sent a message to Garrett Foster's family, his partner, and our community that his life doesn't matter,” Garza wrote. “They have sent a message that the service of the Travis County community members who served as grand jurors and trial jurors is not important.”
Doug O'Connell, Perry's attorney, thanked the governor and the pardons commission. “He's excited and elated to be free,” O'Connell said of his client. “He wishes this tragic event had never happened and that he did not have to defend himself against Mr. Foster's misconduct.” He said Mr. Perry lost his military career. said he would work to upgrade his discharge to “honorable.”
The governor's pardon for Perry contrasts with his stance after a pardons commission recommended a posthumous pardon for Floyd, who was killed by a Minneapolis police officer in 2020 and had a minor drug conviction while living in Houston. It was spot on. The governor took no action in Floyd's case, and the board rescinded its recommendation several months later.
In explaining Perry's pardon, Abbott said Perry was “immediately surrounded by aggressive protesters, who blocked his vehicle, punched, slapped, slapped and kicked him.” He said he felt his life was in danger. Foster “swung a Kalashnikov-style rifle in a low firing position.”
The pardon upset those close to Mr. Foster.
“I loved Garrett Foster. I knew we would grow old together,” Whitney Mitchell said of the man she called her husband, even though they weren't legally married. . “I am heartbroken by this illegal act. Governor Abbott has shown that only certain lives matter to him. He has made us all less safe.”
The pardon comes as Texas is once again protesting, this time on college campuses, against Israel's actions in the Gaza war.
Mr. Abbott strongly condemned pro-Palestinian demonstrators who tried to take over the state's flagship university campus in Austin and sent in state troopers, some on horseback, to arrest them. However, there were no deaths or serious injuries related to this demonstration.