AUSTIN, Texas – Texas Gov. Greg Abbott issued a full pardon for a former U.S. Army sergeant convicted of murder in the fatal shooting of an armed agitator who was part of an aggressive mob during a 2020 Black Lives Matter march in Austin, according to reports.
On Thursday, the Texas Board of Pardons and Paroles unanimously recommended that Daniel Perry be pardoned and have his firearm rights restored. Within minutes of the recommendation, Gov. Abbott issued the pardon, NBC 5 DFW reported.
“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 previously said the shooting was self-defense, and reiterated this point in his statement.
“Among the voluminous files reviewed by the Board, they considered information provided by the Travis County District Attorney, the full investigative report on Daniel Perry, plus a review of all the testimony provided at trial,” Abbott said. “Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive District Attorney. I thank the Board for its thorough investigation, and I approve their pardon recommendation.”
My statement regarding the pardon of Sgt. Daniel Perry. pic.twitter.com/t7UMWdeOV2
— Greg Abbott (@GregAbbott_TX) May 16, 2024
According to Texas law, the governor cannot issue a pardon without a recommendation from the board, something Abbott had been waiting to hear. The former soldier was released shortly after receiving the pardon, a prison spokeswoman said, according to NBC 5.
Perry was prosecuted by radical, George Soros-funded Travis County District Attorney Jose Garza, despite Austin police investigators 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 the former Army sergeant.
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, Law Officer previously reported.
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.
Garrett Foster, 28, who was white, was part of the group and armed with an AK-47. Perry’s defense team said during opening statements on March 28, 2023 that Perry had to defend himself when he was swarmed by the group. Both men were in legal possession of their firearms under Texas state law.
“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, prosecutors used sympathetic witnesses for the armed BLM agitator, which ultimately led to the murder conviction. He was subsequently sentenced to 25 years in prison.
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 blasted the pardon as a “mockery of our legal system,” which is ironic since that is what many fair-minded people say he is doing by aggressively pursuing cops and cutting lenient deals with career criminals.
“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, Fox News Digital reported. At the time of the shooting, he was stationed at Fort Hood, now called Fort Cavazos, which is about 70 miles north of Austin.
