Texas governor pardons ex-Army sergeant convicted of killing Black Lives Matter protester in 2020 – NBC 5 Dallas-Fort Worth

A Republican in his third term, Abbott has typically issued pardons only for minor offenses, and he notably avoided recommending a posthumous pardon for George Floyd over a 2004 drug bust in Houston. It was Floyd’s killing by a white police officer in Minneapolis in 2020 that sparked nationwide demonstrations.

Abbott directed the board to review Perry’s case shortly after the trial and said he would sign a pardon if recommended. Under Texas law, the governor cannot issue a pardon without a recommendation from the board appointed by the governor.

Travis County District Attorney Jose Garza called the pardon a “mockery of our legal system.”

“The board and the governor have put politics above justice,” Garza said. “You should be ashamed of yourself. “Your actions violate the law and demonstrate that there are two classes of people in this state, some lives matter and others do not.”

Abbott’s call for a review of Perry’s case followed pressure from former Fox News star Tucker Carlson, who went on national television to call on the governor to intervene after the sergeant was convicted in court in April 2023. Perry was convicted after prosecutors used his social media history and text messages to portray him as a racist who could potentially commit violence again.

The sergeant’s defense attorneys argued that Foster actually raised the rifle and that Perry had no choice but to fire. Perry did not take the stand and the jury deliberated for two days before finding him guilty.

Perry acted in self-defense when confronted by an angry crowd and a person with an assault rifle, Perry’s attorney Clint Broden said after the pardon.

“The events in this case were always tragic and unfortunately Garrett Foster lost his life,” Broden said. “Mr. Perry and his family thank the Board of Pardons and Parole for their careful review of the case and are grateful that the state of Texas has strong laws that allow its citizens to protect themselves.”

Foster’s girlfriend, Whitney Mitchell, was with Foster when he was killed. She called the pardon an act of “lawlessness.”

“With this pardon, the governor has desecrated the life of a murdered Texan and U.S. Air Force veteran and called into question the fair verdict of this jury. “He has stated that Texans who hold political views different from those of him and those in power can be killed with impunity in this state,” Mitchell said.

The shooting sparked heated debate in 2020 amid demonstrations sparked by Floyd’s death, and Perry’s conviction three years later sparked outrage among prominent conservatives.

Before announcing the verdict in the case, Carlson aired a program in which he called the shooting an act of self-defense and criticized Abbott for not appearing on his show. The next day, Abbott said he believed Perry should not be punished and called on the Texas Parole Board to expedite a review of the conviction.

After the verdict, but before Perry was sentenced, the court unsealed dozens of pages of text messages and social media posts that showed he held hostile views of the Black Lives Matter protests. In a comment on Facebook a month before the shooting, Perry wrote, “It’s official that I’m a racist because I don’t agree with people acting like animals at the zoo.”

Perry served in the Army for more than a decade. At trial, a forensic psychologist testified that he believed Perry suffered from post-traumatic stress disorder because of his deployment to Afghanistan and because he was bullied as a child. At the time of the shooting, Perry was stationed at Fort Cavazos and then at Fort Hood, about 70 miles north of Austin.

FAMILY OF VICTIM’S FIANCE RELEASES STATEMENT

Patricia Kirven, the mother of Whitney Mitchell, who was engaged to Garrett Foster, released the following statement Thursday afternoon after learning of the governor’s pardon.

Governor Abbott’s pardon of Daniel Perry following his conviction for the murder of Garrett Foster is a devastating blow to our family and to justice, and has reopened deep wounds. The loss of Garrett was not only a personal tragedy, but also a societal failure and highlighted the dangerous consequences of political interference in our justice systems.

The first conviction of Daniel Perry brought us some closure, confirming that the justice system recognized Garrett’s right to life and the wrongdoing of his attacker. However, this relief was short-lived. Governor Abbott’s subsequent pardon is a stark reminder of how political motivations can undermine standards of justice by prioritizing political gain over principles of justice and accountability.

This decision not only re-traumatized my daughter, who was trying to find peace and closure, but also caused further pain to Garrett’s family and everyone who loved him. It sends a chilling message about the value of human life and the strength of political influence, and undermines trust in the institutions designed to protect us.

We stand today heartbroken but resolute in our call for a justice system that serves the people without bias and without undue political influence. We call on all who believe in justice and human dignity to join us in remembering Garrett and working for a system that steadfastly upholds these values.