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Daniel Perry: US Army Sergeant charged for BLM protester's murder pleads for 10-year sentence

Daniel Perry's lawyers argued that due to his lack of a criminal record and psychological issues, he should receive a 10-year sentence
UPDATED MAY 10, 2023
Daniel Perry appeals for a 10-year sentence for killing a BLM protester (Austin Police Department)
Daniel Perry appeals for a 10-year sentence for killing a BLM protester (Austin Police Department)

AUSTIN, TEXAS: A US Army sergeant who was found guilty of killing a protester at a Black Lives Matter rally began his sentencing proceedings, and is requesting only a 10-year sentence. Daniel Perry, 35, appeared in court on Tuesday, May 9, wearing a striped jail uniform and his lawyers argued that he should receive a shorter sentence of only a decade, due to his lack of criminal history and his psychological issues, such as complex post-traumatic stress disorder (CPTSD). State District Judge Clifford Brown presided over the sentencing hearing and adjourned it to reconvene the next day at 10 am, per Daily Mail.

The punishment for killing Garrett Foster, 28, during the BLM rally in Austin after George Floyd's death, could be between 5 and 99 years for Perry. Texas Governor Greg Abbott has been advocating for his pardon, despite prosecutors revealing that Perry made several racist and inflammatory social media posts and text messages about killing protesters before the shooting.

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What's next for Daniel Perry?

On Saturday, prosecutors requested that Perry receive a minimum sentence of 25 years in prison, citing documents that exposed his remarks about killing Black Lives Matter protesters just before the shooting. It is unclear when the parole board will make a decision. Perry is currently assigned to Fort Wainwright in Alaska but has been classified as being in "civilian confinement" and is awaiting separation from the military, according to Army spokesman Bryce Dubee.



 

Daniel Perry suffers from multiple psychological issues

According to forensic psychologist Greg Hupp's testimony, Perry is believed to suffer from complex post-traumatic stress disorder due to his deployment to Afghanistan and childhood bullying. Hupp also suggested that Perry may have autism. Although Perry did not see combat while deployed, he was near a soldier who died by suicide. On Tuesday, Perry's mother Rachel testified that her son was ostracized during his childhood due to a speech impediment and that he was an observant Jew.

'It is official I am a racist'

Perry posted several problematic statements on his socials before the deadly incident on July 25, 2020, when he drove his car into a crowd that included Garrett Foster after running a red light. At the time, Perry was moonlighting as an Uber driver while stationed at Fort Hood. He shot and killed Foster through the window of his car with a handgun after the Black Lives Matter protester gestured for him to roll it down, although Foster himself was carrying an AK-47 assault rifle.

Perry asserted that he acted in self-defense, but the Austin jury of 12 individuals did not agree with his claim. This decision was likely influenced by the racist social media posts and text messages made by Perry, which were unsealed for the first time during the trial on Tuesday. Some of them were, "I might have to kill a few people on my way to work they are rioting outside my apartment complex," "It is official I am a racist because I do not agree with people acting like animals at the zoo," "No protesters go near me or my car," and "I might go to Dallas to shoot looters." His internet search included phrases like "protest tonight", "protesters in Seattle gets shot," "riot shootouts," and "protests in Dallas live."



 

During the sentencing proceedings, Perry's defense attorney, Douglas O'Connell, objected to the presentation of Perry's racist text messages and social media posts, stating that some of the statements were taken out of context and that Perry has a right to free speech. O'Connell argued that some of the memes and messages shared by Perry were merely "dark humor" and "barracks humor," and that Perry's military service, which spanned over a decade, should be taken into account. He requested that the judge sentence Perry to no more than 10 years in prison.

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