Former Army sergeant Daniel Perry, who was convicted of killing a Black Lives Matter protester in downtown Austin in 2020, was sentenced Thursday after Gov. Greg Abbott signed a pardon proclamation. He was released within hours.
In a rapid-fire series of events lasting less than two hours, the Texas Board of Pardons and Paroles recommended that Perry, a convicted murderer, be pardoned. Abbott then granted Perry a full pardon and released him from the Mack Stringfellow unit in Rosharon, about 20 miles south of downtown Houston.
Perry may also be able to apply to have his record expunged, according to the Texas Department of Criminal Justice.
In a statement posted on its website Thursday, the commission recommended that Perry be pardoned and his firearms privileges restored. The decision was made after “a thorough review of relevant documents, from police reports to court records, witness statements and interviews with individuals involved in the case,” the statement said.
In July 2020, Perry shot and killed Garrett Foster after driving his car into a racial justice protest on Congress Avenue. Perry claimed he shot Foster, who was carrying an AK-47 rifle, in self-defense. During Mr. Perry’s trial last year, prosecutors argued that Mr. Perry was seeking a confrontation.

“Texas has one of the strongest ‘Stand Your Ground’ self-defense laws that cannot be overridden by a jury or a progressive district attorney,” Abbott said in a statement Thursday. “We appreciate the Board’s thorough investigation and approve the clemency recommendation.”
In a statement Thursday, Abbott accused Travis County District Attorney Jose Garza of his “unethical and biased abuse of office in prosecuting Daniel Scott Perry.” “I have proven that.”
Mr Abbott spoke less than 24 hours after a jury found Perry guilty of murder in April 2023. Social media He said he would approve a pardon if recommended by the Texas Board of Pardons and Paroles. The announcement came after prominent conservatives called on Perry to vacate his conviction.
Shortly after Mr. Abbott’s announcement, a state district judge unsealed court records containing previously unpublished messages from Mr. Perry and social media posts containing racist remarks.
Garza condemned the parole board and Abbott’s actions, writing in a statement that they “put politics over justice and made a mockery of our legal system.”
“They sent a message to Garrett Foster’s family, his partner, and our community that his life doesn’t matter. They sent a message to Garrett Foster’s family, his partner, and our community that his life doesn’t matter. It sent a message that the service of our members is important.”It doesn’t matter,” Garza said. “We will never stop fighting for justice.”
Doug O’Connell, Perry’s attorney, declined to comment Thursday, saying he was waiting for some action from Abbott.
In a written statement to the USA TODAY Network’s Austin American-Statesman, Foster’s partner Whitney Mitchell denounced Abbott’s decision and said Foster intended to kill protesters. He said there was evidence that it was.
“I loved Garrett Foster and knew we would grow old together,” Mitchell said in a statement provided through her attorney, Angelica Cogliano. “He was the love of my life, and still is. I am heartbroken by this injustice. Governor Abbott showed him that only certain lives matter. It put the safety of all of us at risk.”
“With this latest pardon, the governor has desecrated the lives of murdered Texans, denounced the jury’s just verdict, and allowed citizens to be murdered with impunity as long as they hold political views that differ from those in power.” I have declared it good.”
Historically, gubernatorial pardons for high-profile or controversial criminals in Texas have been the exception, not the rule.
Mr. Abbott frequently announces or grants pardons around the holiday season, many of which involve people convicted of nonviolent crimes years, sometimes decades, ago. are doing.
Three days before Christmas 2023, the governor granted pardons and pardons on three applications. One case involved a person who was convicted of theft in 1990 and given a two-year deferred sentence. The other, theft in 1978, resulted in a $500 fine. The third conviction was for marijuana possession in 2010, and the offender was sentenced to three days in jail.
Two years ago, the eight pardons Abbott issued during the holiday season included offenders with slightly more serious convictions (one for robbery with a suspended sentence and one for providing alcohol and carrying a prison sentence). It was included in the offense of “possessing a weapon that is prohibited”. .
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