DALLAS, May 16 (UPI) — Texas Gov. Greg Abbott on Thursday pardoned Daniel Perry, who had been sentenced to 25 years in prison for murdering a Black Lives Matter protester in 2020.
Abbott signed the proclamation after the Texas Board of Pardons and Paroles voted unanimously to grant Perry a full pardon and restoration of gun rights.
“Among the voluminous files reviewed by the board, they considered information provided by the Travis County District Attorney, the full investigative report on Daniel Perry, plus a review of all the testimony provided at trial,” Abbott said in a statement.
“Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive district attorney. I thank the board for its thorough investigation, and I approve their pardon recommendation.”
After a jury found Perry guilty in April 2023, Abbott said he wanted to pardon Perry and asked the board to investigate the case.
The board on Thursday said “investigative efforts encompassed a meticulous review of pertinent documents, from police reports to court records, witness statements, and interviews with individuals linked to the case.”
Travis County District Attorney José Garza, who prosecuted the case against Perry, said the board and Abbott’s decision “made a mockery of our legal system.”
“They should be ashamed of themselves,” Garza said. “Their actions are contrary to the law and demonstrate that there are two classes of people in this state where some lives matter and some lives do not.”
Perry, a former U.S. Army sergeant, was convicted for fatally shooting Air Force veteran Garrett Foster at an Austin Black Lives Matter rally two months after the murder of George Floyd.
Prosecutors said Perry instigated the fatal encounter when he drove into a crowd of protesters.
Foster, who was armed with an assault rifle which is legal in Texas, approached Perry’s vehicle and motioned for him to lower his window. Perry responded by shooting Foster, prosecutors said.
Perry’s attorney’s argued Foster raised his weapon first, and that he shot Foster in self defense, which runs contrary to video evidence and witness testimony.
A Travis County court in April 2023 reviewed private messages sent by Perry, which included racist memes and one message where he said it was “to (sic) bad we can’t get paid for hunting Muslims in Europe.”
In his sentencing hearing last May, prosecutors asked for at least 25 years in prison, pointing to Perry’s racist posts and the defense’s own assessment of his mental health issues.
Perry’s attorney’s asked for a 10 year sentence, citing his lack of criminal history, issues with post-traumatic stress disorder and praise from fellow service members.
