Austin, Texas – Former Army sergeant Daniel Perry, convicted for the killing of a Black Lives Matter protester in downtown Austin in 2020, was released from prison on Thursday following a pardon from Texas Governor Greg Abbott.
Perry, who was 36 at the time of his conviction in April 2023, had his murder conviction pardoned by Gov. Abbott after a recommendation from the Texas Board of Pardons and Paroles. The decision led to his release from the Mac Stringfellow Unit in Rosharon, located about 20 miles south of downtown Houston. The Texas Department of Criminal Justice mentioned that Perry might also apply to have his record expunged.
The Board’s decision to recommend Perry’s pardon and restore his firearm rights came after a thorough review of various documents related to the case, including police reports, court records, witness statements, and interviews with involved individuals. Perry had fatally shot Garrett Foster during a racial justice protest in July 2020, claiming self-defense as Foster was carrying an AK-47 rifle.
Gov. Abbott, in his statement, praised Texas’ ‘Stand Your Ground’ law, emphasizing that it cannot be overridden by a jury or a progressive District Attorney. Abbott’s proclamation also criticized Travis County District Attorney JoseĢ Garza for his handling of the prosecution against Daniel Scott Perry.
Attorney Doug O’Connell, representing Perry, expressed satisfaction with the Governor’s decision, noting that Perry had spent 372 days in prison and lost his military career. However, Garza condemned the actions of the parole board and Abbott, accusing them of prioritizing politics over justice.
In response to Abbott’s decision, Whitney Mitchell, Foster’s partner, expressed her dismay, stating that there was evidence suggesting Foster intended to harm a protester. Mitchell lamented the perceived lack of value for certain lives, criticizing Abbott for what she viewed as endorsing impunity for the killing of individuals with differing political views.
Gubernatorial pardons of high-profile or controversial offenders are rare in Texas, with Abbott typically granting clemency during the holiday season, often for individuals convicted of nonviolent crimes years or decades earlier. This latest pardon for Daniel Perry has sparked controversy and raised questions about justice and political influence in the legal system.