Texas Gov. Greg Abbott issued a pardon for Army sergeant Daniel Perry, who was convicted of murder last year in the fatal shooting of protester Garrett Foster in downtown Austin in July 2020. Despite being found guilty by a Travis County jury and sentenced to 25 years in prison, Abbott expressed his desire to pardon Perry and requested the Board of Pardons and Paroles to review Perry’s case. The board unanimously recommended his pardon, which Abbott promptly signed. However, Travis County District Attorney José Garza condemned the pardon, stating that it made a mockery of the legal system and implied that some lives mattered more than others.
Perry encountered a group of protesters in downtown Austin on July 25, 2020 while based in Fort Hood, approximately 70 miles away. The protesters were demonstrating against racial injustice and police brutality following the murder of George Floyd. Foster, an Air Force veteran, was legally carrying a semi-automatic rifle when he approached the intersection where Perry was in his car. Perry shot Foster with a handgun, claiming self-defense as Foster allegedly pointed his rifle at him. Garza argued that Perry could have simply driven away without using lethal force. Witnesses testified that they did not see Foster raise his firearm at Perry. Perry was convicted of murder but acquitted of aggravated assault with a deadly weapon.
The pardon restores Perry’s rights as if he was never convicted, including the right to own firearms. Abbott argued that Perry should have been exempt from prosecution under Texas’ “Stand Your Ground” law, which allows individuals to use deadly force in self-defense without the duty to retreat. Prosecutors used Perry’s prior social media posts and text messages to portray him as a racist during the trial. Garza’s statement following the pardon criticized the message it sent to Foster’s family, partner, and the community members who served on the grand jury and trial jury.
Despite the controversy surrounding Perry’s pardon, Abbott stands by his decision, believing that Perry was acting within his rights under the “Stand Your Ground” law. The case has sparked debates around self-defense laws and racial justice, particularly in the context of protests against police brutality. Foster’s killing during a demonstration against racial injustice and police misconduct adds a layer of complexity to the case, as it touches on larger issues of systemic racism and the use of lethal force. The differing perspectives on the pardon reflect deeper divisions within society regarding race, gun rights, and criminal justice.
As a breaking news reporter for NBC, Doha Madani has covered the latest developments in Perry’s case and the reactions to his pardon. The Associated Press also contributed to the reporting on this controversial legal decision. The fallout from the pardon is likely to continue as discussions about the role of self-defense laws, racial bias, and the protection of protesters’ rights persist. The case serves as a reminder of the complexities and nuances involved in the legal system when addressing issues of violence, race, and justice. The debate over Perry’s pardon underscores the need for ongoing dialogue and reflection on how the legal system can uphold justice for all individuals, regardless of their background or beliefs.
