A Texas man convicted of fatally shooting a Black Lives Matter protester during the 2020 riots has been pardoned.
Daniel Perry, a U.S. Army sergeant, was found guilty of the murder of protester Garrett Foster in Austin in April 2023 and was sentenced to 25 years in prison.
Texas Gov. Greg Abbott asked the parole board to investigate his case several days later to discuss a possible pardon, leading to a unanimous approval vote 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 immediate danger.
“Texas has one of the strongest ‘Stand Your Ground’ self-defense laws that cannot be overturned by a jury or a progressive prosecutor,” Abbott said.
‘I thank the Council for the thorough investigation and I approve their clemency recommendation.’
Daniel Perry, a U.S. Army sergeant, was found guilty of the murder of protester Garrett Foster in Austin in April 2023 and was 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 Governor Greg Abbott requested that the parole board investigate 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 pardon, the parole board said it was “delving into the intricacies” of his case.
“The investigative efforts include a careful review of relevant documents, from police reports to court records, witness statements and interviews with individuals involved in 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 a 99-year prison sentence as prosecutors portrayed him as a racist, unhinged Army veteran who planned to kill rioters, including bringing up text messages in which he told a friend that he “might would go to Dallas to shoot looters.”
He countered that he was acting in self-defense and feared he would be shot by Foster, who was legally carrying an AK-47 at the time he was shot.
The case became a touchstone issue after Abbott sought Perry’s pardon, as critics said the move set a “dangerous” precedent and was motivated by “political gamesmanship.”
In February, Foster’s mother Shiela Foster spoke out against the request for clemency, saying it was another painful moment after her son’s murder.
‘I’m actually stunned, I just can’t believe this is my life and this is what’s happening. and it has left me overwhelmed with fear and the ability to move on,” she shared CBS Austin.
“I would absolutely love to get some closure and justice in this deal.”
Sergeant Daniel Perry was stationed at Fort Hood at the time of the shooting and drove Uber at night to make extra money
Garrett Foster is seen at the driver’s window of Perry’s car during his July 2020 murder
Activists are pictured on July 26, 2020, holding a vigil for Foster, the day after he was killed
On 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 taxi company 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 sped into the crowd, but that was disputed by the defense’s expert witnesses, who used data to track his car’s speed. The expert testified that Perry slowed down as his car entered the demonstration.
Witnesses said they did not see Foster raise his weapon, and in a video of the incident streamed live on Facebook, a car could be heard honking before several shots rang out and protesters screamed and ran for safety.
