Less than 24 hours after a Texas jury convicted Army Sgt. Daniel Perry of murder in the 2020 shooting of a protester, Gov. Greg Abbott announced on social media Saturday that he will pardon Perry as soon as a request “hits my desk.”
The unprecedented effort, which Abbott announced to his 1 million followers on Twitter, came as Abbott faced growing calls from national conservative figures such as Fox News host Tucker Carlson and Kyle Rittenhouse, who was acquitted in the shooting deaths of two Wisconsin protesters in 2020, to act to urgently undo the conviction.
“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 tweet. “I will work as swiftly as Texas law allows regarding the pardon of Sgt. Perry.”
Abbott lacks authority under state law to issue a pardon without first getting a recommendation from the Board of Pardons and Paroles, whose members he appoints. In his statement, Abbott said he already asked the board to review the verdict to determine if Perry should be granted a pardon.
“I have made that request and instructed the board to expedite its review,” Abbott said. “I look forward to approving the board’s pardon recommendation as soon as it hits my desk.”
Abbott typically announces pardons every year in December around Christmas.
What was Perry convicted of?
Perry, an Army sergeant, was working as an Uber driver in Austin on the night of July 25, 2020, when he ran a red light at an intersection downtown and drove into a Black Lives Matter march before stopping.
Garrett Foster, carrying an AK-47 rifle, was among a group of protesters who approached his car. Perry told police that Foster threatened him by raising the barrel of his rifle at him, so he shot him five times with a .357 revolver through the window of his car before driving away.
Perry’s defense team argued that he acted in self-defense, but prosecutors contended that Perry instigated what happened.
The two-week trial, which included dozens of witnesses and forensic evidence, was not broadcast. Abbott attended no portion of the trial.
Abbott’s office did not return calls from the American-Statesman, part of the USA TODAY Network, on Saturday seeking additional comment.
Prosecutors said Perry had plenty of other choices, including driving away before he fired his revolver. They highlighted a series of social media posts and Facebook messages in which made statements that they said indicated his state of mind, such as might “kill a few people on my way to work. They are rioting outside my apartment complex.”
A friend responded, “Can you legally do so?” Perry replied, “If they attack me or try to pull me out of my car then yes.”
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A jury convicted Perry of murder, and state District Judge Clifford Brown is set to sentence him to prison in coming days. Perry faces up to life in prison.
The jury also found Perry not guilty of an aggravated assault with a deadly weapon in connection to driving in front of another protester.
Reactions to the verdict from defense, family and activists
Doug O’Connell, who represents Perry, told the Statesman in a statement Saturday: “Right now we are completely focused on preparing for Daniel’s sentencing hearing. I visited Daniel in jail this morning. As you might expect he is devastated. He spoke to me about his fears that he will never get to hug his mother again. He’s also crushed that his conviction will end his Army service. He loves being a soldier.”
Travis County District Attorney Jose Garza had no immediate comment.
The jury deliberated 17 hours over two days before reaching the verdict Friday afternoon after an eight-day trial with dozens of witnesses. Perry didn’t testify during the trial.
Foster’s brother, Ryan Foster, said on Saturday that he didn’t think Perry should be pardoned. “This was clearly premeditated,” Ryan Foster told the Statesman. “He (Perry) thought a lot about it and planned on doing it…He wanted to kill a protester and saw somebody exercising their second amendment right.”
After the judge read the verdict to the packed courtroom on Friday, Perry, 35, buried his head into one of his lawyer’s chests and erupted into loud sobs.
Perry’s conviction was instantly condemned by gun-rights advocates Friday night.