Texas Governor Pardons Man Convicted of Killing BLM Protester

In a controversial decision, Texas Governor Greg Abbott has granted a full pardon to Daniel Perry, a former U.S. Army sergeant and Uber driver, who was convicted of murder and sentenced to 25 years in prison for the 2020 fatal shooting of Garrett Foster, a Black Lives Matter protester. The pardon, announced on Thursday, comes after the Texas Board of Pardons and Parole unanimously recommended clemency following an investigation requested by the governor.

Background of the Case

The incident occurred on July 25, 2020, during a Black Lives Matter rally in Austin, Texas, amidst a nationwide wave of protests against racial injustice and police brutality sparked by the killing of George Floyd by Minneapolis police officers in May 2020. Daniel Perry, then 37, was driving for Uber when he turned onto a street filled with demonstrators. According to Perry, he felt threatened when Garrett Foster, a 28-year-old U.S. Air Force veteran who was legally carrying an AK-47, allegedly pointed the rifle at him. Perry responded by shooting Foster, resulting in his death.

The Trial and Conviction

In April 2023, a jury found Perry guilty of murder. The prosecution and defense presented conflicting accounts during the trial, particularly over whether Foster had indeed pointed his gun at Perry. The jury’s decision appeared to reject Perry’s self-defense claim under Texas’ “Stand Your Ground” law, which allows individuals to use deadly force if they feel their life is in imminent danger and have the right to be at the location.

Governor Abbott’s Pardon

Governor Abbott cited the “Stand Your Ground” law in his pardon proclamation, asserting that the jury’s verdict effectively nullified this statute. Abbott emphasized that the law removes any duty to retreat in the face of an unprovoked threat of violence. The governor’s decision followed a detailed review by the Texas Board of Pardons and Parole, which included an examination of police reports, court records, and witness statements. The board unanimously recommended Perry’s pardon and the restoration of his firearm rights.

Reactions to the Pardon

Perry’s attorney, Doug O’Connell, expressed relief and gratitude for the pardon, calling it a correction of a “courtroom travesty.” He highlighted the personal and professional toll on Perry, who had been imprisoned for over a year and lost his military career. O’Connell indicated plans to seek an upgrade of Perry’s military discharge to honorable status.

In stark contrast, the pardon has been met with outrage from Garrett Foster’s fiancée, Whitney Mitchell, and Travis County District Attorney Jose Garza. Mitchell, in a joint statement with her mother, described the pardon as a “devastating blow” that has “reopened deep wounds.” DA Garza criticized the decision as a political maneuver that undermines justice and the legal system, accusing the parole board and the governor of prioritizing politics over fairness.

The Texas Board of Pardons and Parole did not provide a specific rationale for their recommendation but affirmed that their investigation thoroughly examined the complexities of the case.