Gov. Abbott pardons Daniel Perry after he shot, killed protester in 2020

AUSTIN (KXAN) — Texas Gov. Greg Abbott announced he granted a full pardon to the man convicted of shooting and killing a Black Lives Matter protester following a recommendation issued Thursday, and he’s now out of prison.

Abbott quickly signed a proclamation after the Texas Board of Pardons and Paroles voted unanimously to grant a full pardon and restore gun rights to Daniel Perry, a former Army sergeant found guilty of murder by a jury in April 2023 and later sentenced to 25 years in prison.

In a statement Thursday, Abbott said, “The Texas Board of Pardons and Paroles conducted an exhaustive review of U.S. Army Sergeant Daniel Perry’s personal history and the facts surrounding the July 2020 incident and recommended a Full Pardon and Restoration of Full Civil Rights of Citizenship. 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. 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. I thank the Board for its thorough investigation, and I approve their pardon recommendation.”

Perry admitted to shooting Garrett Foster while driving an Uber in downtown Austin during a demonstration in 2020. Foster was armed at the time, and Perry’s attorneys argued the shooting was in self-defense.

The Texas Department of Criminal Justice confirmed Thursday afternoon that Perry is no longer in state custody.

Doug O’Connell, who serves as Perry’s attorney, thanked Abbott for granting the pardon.

“I spoke with Daniel this afternoon. He is thrilled and elated to be free. Daniel is also optimistic for his future,” O’Connell said Thursday. “He wishes that this tragic event never happened and wishes he never had to defend himself against Mr. Foster’s unlawful actions. At the same time, Daniel recognizes that the Foster family is grieving. We are anxious to see Daniel reunited with his family and loved ones.”

The board’s members began looking into Perry’s case after a request from Gov. Greg Abbott in April 2023 .

“The investigative efforts encompassed a meticulous review of pertinent documents, from police reports to court records, witness statements, and interviews with individuals linked to the case,” a statement from the board read. “After a thorough examination of the amassed information, the parole board reached a decision on May 16, 2024. The Board voted unanimously to recommend a full pardon and restoration of firearm rights.”

Travis County District José Garza, whose office prosecuted the case against Perry, released a lengthy statement slamming the governor’s pardon and expressing condolences to Foster’s loved ones.

“The Board and the Governor have put their politics over justice and made a mockery of our legal system. They should be ashamed of themselves,” Garza said. “Their actions are contrary to the law and demonstrate that there are two classes of people in this state where some lives matter and some lives do not. They have sent a message to Garrett Foster’s family, to his partner, and to our community that his life does not matter. They have sent the message that the service of the Travis County community members who served on the grand jury and trial jury does not matter. To the family and friends of Garrett Foster, and to the people of Travis County, we will not stop fighting for justice.”

Whitney Mitchell, Foster’s fiancée, and her mother shared their reaction Thursday afternoon to the pardon, calling it a “devastating blow” that “reopened deep wounds.”

“This decision has not only retraumatized my daughter, who has been trying to find peace and closure but has also inflicted further pain on Garrett’s family and all who loved him. It sends a chilling message about the value of human life and the strength of political influence, eroding trust in the institutions meant to protect us,” the Mitchell family statement read.

“We stand today, heartbroken but resolute, in our call for a justice system that serves the people without bias and without undue political influence,” they continued. “We urge all who believe in justice and human dignity to stand with us in remembering Garrett and advocating for a system that upholds these values steadfastly.”

In an interview with our media partners at NBC Dallas, Foster’s mother, Sheila, said she was “holding out and hoping for the Governor to do the right thing” but following this decision, she may leave the state of Texas.

“He deserves better than this. He deserves so much better than what he’s getting from this state,” Foster said.

Texas Attorney General Ken Paxton posted his reaction on X, formerly known as Twitter, to the news of Abbott pardoning Perry.

“Americans across the country have been watching this case in Texas and praying for justice after BLM riots terrorized the nation in 2020,” Paxton wrote. “Our right to self-defense is enshrined in the Constitution. Soros-backed prosecutors like Jose Garza do not get to pick and choose the rights we have as Americans, and I am relieved that justice has prevailed.”

O’Connell told KXAN on Friday the case has “always been wrapped up in politics” but said he does not believe the Board’s recommendation was influenced by politics, based on the questions they asked him during the process.

“They seemed willing to me to dig deep and understand all of the facts of the case, and I don’t think they were guided or misguided by politics. Otherwise, their questions and the amount of time they spent working on this case would have been different,” he said.

He went on to say his team showed the Board some specific videos and images that were not admitted as evidence during the trial but that they believe prove Perry acted in self-defense.

“The evidence that the district attorney’s office brought in to obtain that conviction enabled them to get a conviction based on thought crimes — how he felt about certain social issues — but that had nothing to do with the moments leading up to and when he encountered Garrett Foster.”

The text messages and social media posts referenced by O’Connell were revealed, in part, at trial and later in a document after Perry’s conviction. Some of them featured racially-charged language, as well as memes or articles about protesters being shot or run over. In one strand of messages, Perry discussed a shooting between a driver and protester in Seattle and how he would work to get away with a similar situation.

Perry still faces a misdemeanor charge connected to this case for deadly conduct. However, O’Connell said no trial date has been set for that matter. He also plans to work to have Perry’s military discharge upgraded to an honorable discharge.

“What I’ve told him is that for now he needs to concentrate on being with his family decompressing spending time with the people he loves, and then we’ll talk more next week about what the road ahead looks like for him.”

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