A Texas man convicted of fatally shooting a Black Lives Matter protester during the 2020 riots has received a pardon.
Daniel Perry, a US Army sergeant, was convicted in April 2023 of the murder of protester Garrett Foster in Austin and sentenced to 25 years in prison.
Texas Gov. Greg Abbott requested that the parole board review his case to discuss a possible pardon just days later, leading to a unanimous approval vote that was announced Thursday.
In a statement after the vote was announced, Abbott cited Texas’ ‘Stand Your Ground’ laws, which allow people to use deadly force if they feel they are in imminent danger.
“Texas has one of the strictest ‘Stand Your Ground’ self-defense laws that cannot be overturned by a jury or a progressive district attorney,” Abbott said.
“I thank the Board for its thorough investigation and approve its recommendation for clemency.”
Daniel Perry, a US Army sergeant, was convicted in April 2023 of the murder of protester Garrett Foster in Austin and sentenced to 25 years in prison.
Perry killed 28-year-old Garrett Foster during BLM protests in 2020. Pictured: Foster with his fiancée Whitney Mitchell.
Texas Gov. Greg Abbott requested that the parole board review Perry’s case to discuss a possible pardon just days after his conviction, leading to a unanimous approval vote announced Thursday.
In its unanimous ruling recommending Perry’s clemency, the parole board said it “delved into the complexities” of his case.
“Investigative efforts encompassed a meticulous review of relevant documents, from police reports to court records, witness statements and interviews with individuals connected to the case,” the board said.
In addition to the full pardon, Perry will also have his firearms rights restored, the board announced.
At his trial, Perry faced up to 99 years behind bars as prosecutors described him as a racist, unhinged Army veteran who planned to kill rioters, even citing text messages in which he told a friend he “could go to Dallas to shoot the looters.”
He responded that he acted in self-defense and feared he would be shot by Foster, who was legally carrying an AK-47 at the time he was shot and killed.
The case became a hot topic after Abbott called for Perry’s clemency, as critics said the move set a “dangerous” precedent and was driven by “political cunning.”
In February, Foster’s mother, Shiela Foster, spoke out against the pardon request, saying it was another painful moment following her son’s murder.
“I’m honestly baffled, I just can’t believe this is my life and this is what’s happening… and it has me overwhelmed with anxiety and the ability to move on,” she said. CBSAustin.
“I would love to get closure and some justice in this settlement.”
Sergeant. Daniel Perry was stationed at Fort Hood at the time of the shooting and drove Uber at night to earn extra money.
Garrett Foster is seen in the driver’s window of Perry’s car during his murder in July 2020.
Activists are photographed on July 26, 2020, holding a vigil for Foster, the day after his murder.
The day Foster was killed, Perry had driven 70 miles from Fort Worth to Austin and was driving for Uber to make extra money while stationed at the Fort Hood military base.
He had just dropped off a rideshare customer and turned onto a street full of protesters.
Perry claimed he tried to move peacefully through the crowd but was blocked, before Foster pointed his AK-47 at him.
The state argued that Perry accelerated toward the crowd, but that was disputed by defense expert witnesses who used data to track the speed of his car. The expert testified that Perry was slowing down when his car entered the protest.
Witnesses testified that they did not see Foster raise his gun, and in a video of the incident that was livestreamed on Facebook, a car could be heard honking before several shots rang out and protesters screamed and ran towards a safe place.
