Texas governor wants to pardon man found guilty of murdering Black Lives Matter protester

Texas Gov. Greg Abbott said Saturday he seeks to pardon a man convicted of murdering a legally armed 28-year-old during the 2020 Black Lives Matter protest in Austin, while also chiding the prosecutor’s office that secured the conviction.

“Texas has one of the strongest ‘Stand your ground’ laws of self-defense that cannot be nullified by a jury or progressive district attorney,” Abbott said on Twitter.

Texas law requires that its Board of Pardons and Paroles make recommendations on pardons, which the governor may approve; the governor can also request the board to consider a pardon.

“I have made that request and instructed the board to expedite its review. I look forward to approving the Board’s pardon as soon as it hits my desk,” Abbott tweeted. “Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal.”

Abbott’s office did not immediately respond to questions about what that effort would entail.

A Texas jury convicted Daniel Perry, 37, of murder on Friday for fatally shooting Garrett Foster in July 2020, during nationwide protests against police violence. Both Perry and Foster are White men.

The case hinged on whether Perry killed Foster, who carried an AK-47, in self-defense.

Perry — an Army Sergeant who was stationed at Fort Hood in 2020 — was working for a ride-sharing company on the night he sped onto a city street full of protesters, The Washington Post previously reported. The protesters were crossing a street in downtown Austin and Perry leaned on the horn of his vehicle.

Foster had an AK-47 strapped to his chest when he approached Perry’s side window. Open carry is legal in Texas.

In video of the incident, shots rang out and protesters screamed and scattered. Perry drove off, and Foster was taken to the hospital and later pronounced dead.

Perry later turned himself in and told police that he had fired five shots from his handgun because Foster pointed his own weapon at him, The Post reported.

Perry’s defense attorneys said he had no choice but to shoot Foster as he approached Perry’s car with an AK-47 rifle, the Austin American-Statesman reported. But prosecutors said Perry could have driven away before firing his revolver. Perry’s defense team argued that Foster raised his rifle at Perry; witnesses testified that Foster never raised his rifle, the newspaper reported.

The jury deliberated for two days before convicting Perry of murder. He faces life in prison and awaits sentencing, scheduled for Tuesday. If granted, a pardon would free Perry of a prison sentence, but it does not guarantee the offense will be removed from his criminal record, according to Texas’s clemency process.

The Texas Board of Pardons and Paroles, the Travis County District Attorney’s Office and Perry’s defense team did not immediately return request for comment.