Austin, Texas – A former US Army sergeant and Uber driver, Daniel Perry, who was sentenced to 25 years in prison for shooting and killing Black Lives Matter protester Garrett Foster in 2020, has been granted a full pardon by Texas Governor Greg Abbott.
Governor Abbott cited the state’s strong “Stand Your Ground” self-defense law in his pardon proclamation for Perry. The decision to pardon Perry came after the Texas Board of Pardons and Parole unanimously recommended pardoning him and restoring his firearm rights following an investigation at the governor’s request.
Perry, 37, was found guilty of murder in the death of Garrett Foster, a US Air Force veteran, who was fatally shot at a Black Lives Matter rally in Austin in July 2020. The incident occurred during nationwide protests against racial injustice and police brutality following the killing of George Floyd by Minneapolis police officers.
During the trial, Perry claimed he acted in self-defense when he shot Foster after Foster allegedly pointed an AK-47 at him. Perry, who is white, said he felt compelled to use his handgun in self-defense.
The jury’s verdict in Perry’s case was criticized by Abbott in his pardon proclamation, stating that it conflicted with the state’s “Stand Your Ground” law. Perry’s lawyer, Doug O’Connell, welcomed the pardon, calling it a correction of a “courtroom travesty” and expressing Perry’s relief at being free.
Foster’s fiancee, Whitney Mitchell, reacted to the pardon with disappointment, calling it a “devastating blow” that reopened deep wounds. Travis County District Attorney Jose Garza, who prosecuted Perry, condemned the pardon, accusing the parole board and the governor of prioritizing politics over justice.
The parole board did not provide a specific reason for its recommendation but mentioned that its investigation delved into the details of Perry’s case, including reviewing police reports, court records, and witness statements. Perry’s legal team intends to pursue upgrading his military service characterization to an honorable discharge.