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Who is Daniel Perry? Greg Abbott seeks to pardon Army sergeant convicted of killing BLM protester

Daniel Perry was convicted of murder in the 2020 fatal shooting of an armed protester during nationwide BLM protests
PUBLISHED APR 9, 2023
Texas Governor Greg Abbott (L) has called for pardon of US Army sergeant, Daniel Perry (R) (Brandon Bell/Getty Images, Austin Police Department)
Texas Governor Greg Abbott (L) has called for pardon of US Army sergeant, Daniel Perry (R) (Brandon Bell/Getty Images, Austin Police Department)

AUSTIN, TEXAS: Greg Abbott, the Governor of Texas, tweeted Saturday, April 8, that he’s working to pardon a US Army sergeant, Daniel Perry, who was convicted of murder in 2020 for shooting a BLM protester, citing the state’s Stand Your Ground laws. He wrote in the tweet, "I am working as swiftly as Texas law allows regarding the pardon of Sgt Perry."

In the statement attached to the tweet, Abbott wrote, "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," and further stated, "Unlike the President or some other states, the Texas Constitution limits the Governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles. Texas law DOES allow the Governor to request the Board of Pardons and Paroles to determine if a person should be granted a pardon."

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“I have made that request and instructed the Board to expedite its review. I look forward to approving the Board’s pardon recommendation as soon as it hits my desk," Abbott added.



 

Who is Sgt Daniel Perry?

​Sgt Perry, 33, was found guilty April 7 by a Texas grand jury of the murder of 28-year-old Air Force veteran Garrett Foster. The incident occurred on July 25, 2020, when Sgt Perry was on assignment for Uber in downtown Austin when he stopped his vehicle for the protest Foster was attending. The July protest took place after the murder of George Floyd, a Black man killed by a white police officer in Minneapolis in May 2020.

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Garrett Foster and Whitney Mitchell (GoFundMe)

Foster, who was carrying an AK-47 rifle, was among a group of protesters heading toward his car. Sgt Perry told police Foster threatened him and turned his rifle on him. He then shot Foster five times with a .357 revolver through the window of his car, USA Today reports. As previously reported, Foster was shot while trying to protect his disabled fiancée, Whitney Mitchell, and was immediately taken to the hospital, where he was pronounced dead.

'He chose to live'

In 2021, he was indicted for murder, aggravated assault and deadly conduct charges, states The Texas Tribune. Doug O’Connell, an attorney for Perry, told Fox News last year, "When Garrett Foster pointed his AK-47 at Daniel Perry, Daniel had two tenths of a second to defend himself. He chose to live."

'Unusual' for governor to pardon convicted murderer

Following Abbott's tweets, political analyst Craig Agranoff told, as per Newsweek, "It is not uncommon for governors to pardon people who have been convicted of crimes, but it is unusual for a governor to pardon someone who has been found guilty of murder." Agranoff added, "It is possible that Governor Abbott's decision to pardon this recent person could be seen as political, but many see self-defense as a right. If it wasn't actually self-defense, it is also possible that this could lead to an unfair precedent, as it could send the message that people who are convicted of murder can be pardoned if they have the support of the right people."

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