Travis County DA slams Abbott’s request for pardon for man convicted of killing armed BLM protester

Travis County District Attorney Jose Garza slammed Gov. Greg Abbott (R-TX) on Sunday for publicly working to pardon Army Sgt. Daniel Perry, who was found guilty of murder for a shooting at a Black Lives Matter protest.

Garza, a Democrat, called Abbott’s action “deeply troubling” after the governor urged the Texas Board of Pardons and Paroles to review Perry’s case and issue a pardon request. Abbott said on Saturday that he would sign the pardon “as soon as it hits my desk.”

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“In our legal system, a jury gets to decide whether a defendant is guilty or innocent — not the governor,” Garza said in a statement. “As this process continues, the Travis County District Attorney’s office will continue to fight to uphold the rule of law and to hold accountable people who commit acts of gun violence in our community.”

Perry was found guilty of fatally shooting 28-year-old Garrett Foster during a protest in Austin, Texas, in 2020. Foster was partaking in a Black Lives Matter protest at the time and had marched toward Perry’s car with an AK-47 rifle. Defense attorneys argued that the murder was in “self-defense,” but prosecutors claimed Perry could have driven away and that the rifle was never raised at Perry.

Perry was not found guilty of aggravated assault.

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Garza noted in his statement that the 12-person jury had deliberated for 15 hours before reaching their verdict and spent weeks listening to evidence and studying the case.

State District Judge Clifford Brown has not set a sentencing date, but it is expected to be set this week. Perry could face up to life in prison if he is not pardoned.