AUSTIN, Texas – Texas Governor Greg Abbott said on Saturday that he hopes to pardon a former Army sergeant found guilty of murder on Friday for the shooting death of Garrett Foster during 2020 BLM riots in downtown Austin.
Daniel Perry was prosecuted by radical, George Soros-funded Travis County District Attorney Jose Garza, despite Austin police purportedly believing it was a justified case of self-defense, according to local reports. Garza has frequently been at odds with police in Austin, charging them with crimes in record numbers. His judicial philosophy was apparent in the prosecution of Perry, a former sergeant in the U.S. Army.
“I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry,” Abbott said, while clarifying in a statement that he is limited to only grant a pardon after receiving a recommendation from the Texas Board of Pardons and Paroles. Hence, the governor said he had requested the Board “expedite its review” and pass along their recommendation, the Post Millennial reported.
I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry. pic.twitter.com/HydwdzneMU
— Greg Abbott (@GregAbbott_TX) April 8, 2023
Perry was working as an Uber driver when he was aggressively approached by an armed BLM mob that had taken over the streets of downtown Austin during a riot on July 25, 2020.
During trial, he was found guilty of one count of murder and not guilty of one count of aggravated assault with a deadly weapon.
According to the Austin Police Department, the deadly encounter occurred when Perry’s vehicle turned onto Congress Avenue near 4th Street at 9:51 p.m. Protesters who had taken over the area surrounded his car.
Foster was part of the group and armed with an AK-47. Perry’s defense team said during opening statements on March 28 that Perry had to defend himself when he was swarmed by the group.
“I made a wrong turn, a guy pointed a freakin weapon at me and I panicked. I don’t know what to do. I’m just an Uber driver. I made a wrong turn; I’ve never had to shoot someone before. They started shooting back at me, and I got out of the area,” Perry told a 911 operator that night.
Despite Perry’s panicked statement on 911 and later to investigators that Foster raised his rifle in a threatening manner, witnesses from the crowd apparently testified to the contrary, NBC DFW reported.
Former Austin Police Chief Brian Manley said Perry fired five shots from inside his vehicle, striking Foster. The decedent did not fire, but another member of the group fired three rounds at Perry’s car, but did not hit anyone.
Both Perry and the other shooter were detained following the gunfire, the Post Millennial reported.
Army sergeant Daniel Perry, who was working as an Uber driver when he encountered an armed BLM mob that had shut down the streets in Austin, Texas in July 2020, has been found guilty of murder by a jury. Perry shot a rifle-carrying BLM boogaloo member named Garrett Foster who… https://t.co/u6WlYBplm0
— Andy Ngo (@MrAndyNgo) April 7, 2023
During closing arguments the defense asserted that Perry was a victim, and did everything he could to avoid the aggressive mob as he dropped off one of his riders downtown. Perry’s attorneys said he had no choice but to shoot Foster as he approached Perry’s car with an AK-47 rifle, the Austin American-Statesman reported.
Moreover, Perry was completely cooperative with investigators, surrendering his cell phone and providing social media passwords immediately without requiring detectives to obtain a warrant.
Foster was a frequent BLM protester and had been out participating in the civil unrest nearly every day that summer, which saw riots spread across the country, according to authorities.
Prosecutors argued that Perry sped into the crowd of protestors, which spurred the confrontation. They said he should have driven away in lieu of firing his revolver.
However, a defense expert called the allegation into question, using data and science to track the speed of the car which he said was slowing down when he approached the crowd.
The jury deliberated for two days before finding Perry guilty, NBC DFW reported. Now he faces a potential life sentence if he is not pardoned by Gov. Abbott.
