Texas Governor’s Pardon of Former Army Sergeant Draws Criticism
The Texas governor’s decision to pardon a former Army sergeant who fatally shot a Black Lives Matter demonstrator has sparked controversy and calls for a reversal. Travis County District Attorney José Garza has filed a request with the Court of Criminal Appeals to review the pardon issued by Governor Greg Abbott, stating that it undermines the state’s legal system and constitution. Daniel Perry shot and killed Garrett Foster during a protest in downtown Austin in July 2020, leading to his conviction and a 25-year prison sentence in May 2023. Abbott’s pardon resulted in Perry’s swift release from prison, bypassing the established appeals process available to him.
Garza criticized the quick pardon, stating that it violated the state’s constitutional separation of powers and undermined the legal system. All nine elected judges on the court are Republicans, making the case particularly unique in Texas history. Perry’s legal team defended the pardon as appropriate under the state constitution, arguing that the governor has the absolute power to pardon a person on any grounds, including actual innocence. Foster’s mother, Sheila Foster, expressed her family’s outrage at the pardon, vowing to fight for justice for her son who was killed while exercising his First and Second Amendment rights.
The circumstances of the shooting, where Perry, a white ride-share driver, claimed self-defense against Foster, a white Air Force veteran, raised questions about the governor’s decision. Witnesses stated that Foster never raised his gun, and prosecutors argued that Perry could have driven away without shooting. Abbott justified the shooting as self-defense under Texas’ “Stand Your Ground” law, sparking further controversy and calls for a federal investigation into possible civil rights violations. The widespread demonstrations against police killings and racial injustice following George Floyd’s murder intensified public scrutiny of Perry’s case and the governor’s handling of the situation. Minnesota Attorney General Keith Ellison emphasized the importance of free speech and peaceful protest in combating injustice.
The governor’s rush to overturn Perry’s conviction also drew scrutiny over potential future interventions in jury verdicts. Revelations of Perry’s hostile views toward Black Lives Matter protests through text messages and social media posts added another layer of complexity to the case. Perry’s statement on Facebook expressing racist sentiments before the shooting further fueled the debate surrounding his actions and the implications of the pardon granted by Abbott. The outcry over Garrett Foster’s death and the calls for justice echoed across the country, prompting discussions on the role of governors in altering legal outcomes and ensuring accountability in cases of vigilante violence. Supporters of the federal investigation welcomed the prospect of additional scrutiny of the case and possible intervention at the national level.
