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Texas Gov. Greg Abbott Pardons Former Army Sgt. Convicted in 2020 BLM Protest Killing
This story has several layers, including the fact the deceased was an Air Force veteran.
Photo by Natilyn Photography
Texas Gov. Greg Abbott has pardoned former Army Sgt. Daniel Perry, who was convicted last year for killing Air Force veteran Garrett Foster at a 2020 Black Lives Matter demonstration in Austin. Perry, who served as an Army infantryman from January 2012 until March 2024, was last ranked as an E-1 private, according to Army spokesman Bryce Dubee.
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In July 2020, Perry shot Foster after driving an Uber into a crowd of protesters. Foster, who was carrying an AK-47, was killed in the incident. Perry’s defense attorneys argued the shooting was in self-defense.
After Perry’s conviction in April 2023, a judge unsealed private messages that Perry had sent prior to the shooting. These messages, which the jury had not seen during the trial, included statements expressing a desire to kill Muslims and protesters, and derogatory remarks about the Black Lives Matter movement.
On Thursday, Abbott announced his decision to approve a recommendation from the Texas Board of Pardons and Paroles to pardon Perry, citing an “exhaustive review” of the case. “Among the voluminous files reviewed by the Board, they considered information provided by the Travis County District Attorney, the full investigative report on Daniel Perry, plus a review of all the testimony provided at trial,” Abbott said. He emphasized that Texas has strong ‘Stand Your Ground’ laws on self-defense that cannot be nullified by a jury or a progressive District Attorney.
Whitney Mitchell, Foster’s partner, condemned Abbott’s decision in a statement provided through her attorney to the Austin American-Statesman. “With this pardon, the Governor has desecrated the life of a murdered Texan, impugned that jury’s just verdict, and declared that citizens can be killed with impunity as long as they hold political views that are different from those in power,” Mitchell said.
Perry’s defense attorney, Doug O’Connell, issued a statement on Thursday indicating that neither Perry nor his family would be available for interviews. O’Connell thanked Abbott and the Texas Board of Pardons and Paroles, arguing that Foster had threatened Perry with a weapon. He also mentioned that Perry regretted the incident and acknowledged the Foster family’s grief.
“Daniel Perry was imprisoned for 372 days and lost the military career that he loved,” O’Connell stated. “The action by Governor Abbott and the Pardon Board corrects the courtroom travesty which occurred over a year ago and represents true justice in this case. We intend to fight to get Daniel’s military service characterization upgraded to an Honorable Discharge.”
