Army sergeant convicted of killing assault rifle-wielding Black Lives Matter protester could walk free as pardon review underway

A pardon review is underway for a convicted Army sergeant working an Uber shift who shot and killed an assault rifle-wielding Black Lives Matter protester in Texas.

Texas Board of Pardons and Paroles is reviewing the case of Daniel Perry in the murder of Garrett Foster, shot during a Black Lives Matter protest in Austin on July 25, 2020.

The review comes after Republican Gov. Greg Abbott, who appointed the board members, urged them to expedite the matter, arguing it was a case of self-defense and the state has a strong stand-your-ground law. Perry’s lawyers argued he did not receive a fair trial and that Foster, an Air Force vet, illegally possessed an AK-47 rifle and was prohibited from carrying the weapon.

In a statement on Wednesday published by the Austin American-Statesman, the board said it is “still in the process of investigating Daniel Perry for a possible pardon recommendation to the governor. Upon completion of the investigation and vote, the decision of the board of pardons and paroles will be available.”

Perry’s attorney, Doug O’Connell, declined to comment.

In a statement on Friday to Law&Crime, the Travis County District Attorney’s Office reacted to the news, saying, “Attempts by the Governor to override the fair and just verdict of guilty after the defendant’s trial for political gain are dangerous not only to our community, but to the integrity of our justice system. We will continue to fight to uphold the jury’s decision and insist to the board of pardon and parole that Mr. Perry be treated like any other defendant- including that he serve out his sentence. Our hearts go out to the family of the victim, who have yet to receive closure and instead must endure more political gamesmanship over their loss.”

Citing emails obtained by the American-Statesman and local ABC affiliate KVUE-TV through a public records request, the Statesman reported that Travis County District Attorney José Garza is talking with officials from the board about when he can make his case against a pardon.

As Law&Crime reported in August, Perry was working as an Uber driver when he approached protesters blocking a road and drove into the crowd at the rally. He fired his pistol at Foster, 28, and claimed Foster pointed the AK-47 at him. He was indicted by a grand jury on July 16, 2021, and was found guilty of the murder last April.

At his trial, prosecutors argued the killing was premeditated and presented evidence they claimed showed he harbored violent attitudes toward “rioting” and people he called “looters.”

His defense attorney said the posts were taken out of context and were protected by the First Amendment. The lead police investigator also testified that he didn’t arrest Perry the night of the shooting due to the possibility of self-defense. Despite that, Perry was sentenced to 25 years in prison in May.

The case prompted outrage, with Abbott tweeting on April 8 that he was “working as swiftly as Texas law allows regarding the pardon of Sgt. Perry.”

Foster’s sister, Anna Mayo, said then she was shocked over Abbott’s tweet.

“The jury ultimately came to a decision, and it was unanimous,” she told KVUE. “That shouldn’t be disrespected.”

Another Perry attorney, Clinton Broden, called the conviction a “political prosecution” and vowed to “fully cooperate in the pardon process,” The Associated Press reported.

Foster’s mother told CBS Texas that her son had been pushing his fiancee, a quadruple amputee who lost her limbs after an infection turned septic, in a wheelchair through the streets during the demonstration after 50 days of protesting police brutality following the May 25, 2020 death of George Floyd at the hands of police in Minneapolis.

On Thursday, Whitney Mitchell, Foster’s partner, told the Statesman the news retraumatized her.

“This happening right now is just reliving it all over again,” she said. “I feel like everything was put out there, the evidence, everything we went through and all I can say is it is devastating and just brings it up all over again.”

Have a tip we should know? [email protected]