Former Army The sergeant convicted of killing Garrett Foster, a Black Lives Matter protester, in Austin in 2020 will now be freed after being pardoned by Texas Governor Greg Abbott.
The Texas Board of Pardons and Paroles recommended Daniel Perry's release Thursday, according to USA Today, and within two hours Abbott granted him a full pardon, ending the 25-year sentence he was serving. The Texas Department of Criminal Justice said Perry's record could even be expunged.
Abbott had personally asked the board to consider Perry's case the day after his conviction, according to announcement of the Board of Directors. “Members of the Parole Board reviewed the complexities of Perry's case,” the statement said. “Investigative efforts included a thorough review of relevant documents, from police reports to court records, witness statements and interviews with individuals connected to the case. After thorough consideration … the Board voted unanimously to recommend a full pardon and restoration of firearms rights [to Perry].”
“Texas has one of the strongest 'Stand Your Ground' self-defense laws that cannot be overturned by a jury or a progressive prosecutor,” Abbott said in a statement. “I thank the board for its thorough investigation and approve its recommendation for clemency.” He also accused Travis County District Attorney José Garza of “immoral and discriminatory abuse of his office” in seeking a conviction, according to USA Today.
“[The Board has] sent a message to Garrett Foster's family, his partner and our community that his life does not matter,” Garza said in response, vowing to continue to fight for justice.
After pulling his car into a street full of protesters in July 2020, Perry shot Foster five times, killing him. Perry claimed it was self-defense because Foster was holding an AK-47 rifle. Both men carried their guns legally. Prosecutors argued Perry was looking for a fight.
Perry's defense attorneys previously asked for a lenient sentence, arguing that Perry was not a violent racist. But evidence presented at trial included messages in which Perry talked about how he “maybe should kill” people he considered “troublemakers” and that he would consider going to Dallas to shoot “looters.” After his conviction, a judge unsealed 76 pages of court documents containing messages he wrote, including one in which he wrote: “Black Lives Matter is racist to white people… It's official that I'm racist because I don't agree with people acting like monkeys .”
“I loved Garrett Foster,” his partner, Whitney Mitchell, wrote in a statement on Austin American Statesman. “I thought we would grow old together. He was the love of my life. It's still. I am crushed by this lawlessness. Governor Abbott has shown that for him, only certain lives matter. It has made us all less safe.”
from our partners at https://www.rollingstone.com/culture/culture-news/daniel-perry-black-lives-matter-murder-conviction-pardon-1235022464/