A progressive district attorney in Texas is set to challenge the pardon granted by Governor Greg Abbott to a former Army soldier involved in the fatal shooting of a Black Lives Matter (BLM) protester during a 2020 demonstration.
Travis County District Attorney José Garza announced that his office will file a writ of mandamus with the Court of Criminal Appeals to revoke the pardon for Daniel Perry.
“Three weeks ago, on May 16, the Board of Pardons and Paroles and the governor put their politics over justice and made a mockery of our legal system and for that they should be ashamed of themselves,” Garza said in a news conference. “Their actions were contrary to the law.”
NEW: @JosePGarza says he is filing a legal challenge against @GregAbbott_TX to undo his pardon of Daniel Perry. He’s seeking to throw out the pardon, arguing he violated the state constitution.
Perry was convicted of murder after fatally shooting a BLM protester in 2020. pic.twitter.com/Abrwr1Ua2p
— Andrew England Weber (@England_Weber) June 4, 2024
“We will be asking the courts to intervene in order to restore the sanctity of the rule of law in this great state,” he continued.
Governor Abbott issued a full pardon to Daniel Perry, who had been convicted the previous year for the death of Garrett Foster, a Black Lives Matter (BLM) protester and Air Force veteran, during a 2020 demonstration in downtown Austin. Foster was legally carrying an AK-47 rifle at the time of the incident in July 2020.
Here is Garrett Foster pointing his loaded AK-47 at Daniel Perry in Austin, TX in 2020
Daniel Perry was just convicted of murder for defending himself pic.twitter.com/OJzITvR9VJ
— Jack Poso 🇺🇸 (@JackPosobiec) April 8, 2023
At the time of the shooting, Perry was stationed at what was then Fort Hood, approximately 70 miles north of Austin. He had just dropped off a ride-share customer and turned onto a street filled with protesters. Perry claimed he was attempting to get past the crowd and fired his pistol when Foster pointed a rifle at him.
However, witnesses testified that they did not see Foster raise his weapon, and prosecutors argued that Perry could have driven away without using his gun. Perry was ultimately convicted of the killing and sentenced to 25 years in prison.
Holly Taylor, the Director of Public Integrity and Complex Crimes, stated that Governor Abbott exceeded his authority by issuing the pardon and “violated the Separation of Powers Doctrine.
Garrett Foster (Photo: KTBC)
“It was planned, it was premeditated and the very next day the governor announced his plans to pardon and now here we are, he has done it, and I’m not okay with this and nobody should be okay with this,” said Foster’s mother Shiela Foster.
Fox News Digital has contacted Perry’s attorney and Governor Abbott’s office for comments.
District Attorney José Garza is known for his progressive stance. In 2021, local media reported that his office had dismissed criminal charges, including some for violent offenses, before the suspects appeared before a judge.
BREAKING: Tucker just reported @GregAbbott_TX refused to come on the show to discuss Daniel Perry pic.twitter.com/reawZA4cfv
— Jack Poso 🇺🇸 (@JackPosobiec) April 8, 2023
