Texas Gov. Greg Abbot on Thursday pardoned a former US Army sergeant convicted of fatally shooting an armed Black Lives Matter demonstrator in 2020.
Daniel Perry, who served a tour in Afghanistan, claimed he was acting in self-defense when he shot and killed 28-year-old Garrett Foster as he drove into a protest in Austin.
Perry was convicted of murder and sentenced last year to 25 years in prison.
Abbott announced the pardon just moments after the Texas Board of Pardons and Paroles unanimously recommended that the veteran be pardoned and have his firearms rights restored.
Daniel Perry was pardoned by Texas Gov. Greg Abbott on Thursday. AP“Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive District Attorney,” Abbott said in a statement. “I thank the Board for its thorough investigation, and I approve their pardon recommendation.”
The Republican governor had previously said he would sign a pardon if recommended by the board, which he appointed.
The former soldier — who was stationed at Fort Hood, about 70 miles north of the Texas capitol — had motored into the crowded July 25, 2020 demonstration while he was on the clock for a ride-sharing company.
Several protesters began beating on his car, prompting Perry to pull out a handgun and shoot Foster, an Air Force veteran who had been legally carrying an AK-47.
Perry then fled the scene in the car.
Abbott announced the pardon just minutes after the Texas Board of Pardons and Paroles disclosed it had made a unanimous recommendation that Perry be pardoned and have his firearms rights restored. APPerry’s lawyers claimed Foster, who is white, had motioned for Perry, who is also white, to lower his window — which he obliged because he believed he was a law enforcement officer — before pointing the gun at the sergeant.
The defense said he had no choice but to shoot.
Prosecutors said he could have driven off without firing his weapon. Witnesses testified that Foster had been pushing his black, quadruple-amputee fiancée’s wheelchair and never raised his gun at Perry.
The state used Perry’s social media history and text messages to depict him as a racist who may commit violence again.
A jury found him guilty after two days of deliberation.
With Post wires
