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Travis County District Attorney José Garza announced Tuesday that his office would ask the state’s highest criminal court to overturn Gov. Greg Abbott’s pardon of a man who was convicted of killing a Black Lives Matter demonstrator in 2020.
One day after a Travis County jury convicted Daniel Perry of murder in April 2023 for shooting Garrett Foster, Abbott asked the Texas Board of Pardons and Paroles to consider Perry’s case.
Last month, the board unanimously recommended Abbott pardon Perry’s 25-year prison sentence, which he did the same day.
In July 2020, Perry had turned into a crowd of marching protesters while driving for a ride-share company in downtown Austin. Foster, who was participating in a protest against police brutality, was legally carrying an AK-47 at the time. Perry claims Foster had raised his rifle toward him, though witnesses said he didn’t. Perry fired a handgun repeatedly at Foster before he sped away and called police.
On Tuesday, Garza said his office filed a petition with the Texas Court of Criminal Appeals to overturn Abbott’s pardon, arguing the governor’s intervention interfered with lower court rulings and halted the appellate process. The Travis County prosecutor also said Perry’s case did not meet the requirements to receive a pardon.
“When Governor Abbott issued the pardon, not only did he circumnavigate the process for pardons, he exceeded his authority and violated the separation of powers doctrine,” Holly Taylor, the director of the Division of Public Integrity and Complex Crimes for the district attorney’s office, said during a press briefing on Tuesday.
Garza said he also requested an opportunity to argue the case in front of the court to “make our case on behalf of our democracy, our legal system and the family.”
In his declaration announcing the pardon last month, Abbott claimed Garza, who ran for district attorney on a progressive platform, had prioritized “reducing access to guns” instead of protecting Perry’s right to self defense. The governor’s office did not return a request for comment as of Tuesday evening.
Sheila Foster, the mother of Foster, who was a U.S. Air Force veteran, was present at Tuesday’s press conference. She said Abbot’s pardon could encourage similar violence against others who have different political views.
“My own child was killed on American soil for doing nothing but practicing his First and Second Amendment rights and our governor just said, ‘That’s OK, that’s acceptable,’” Foster said.
Doug O’Connell, Perry’s lawyer, called Tuesday’s filing “political theater” by Garza.
“The pardon power of the executive branch is a well settled Constitutional authority,” O’Connell said on social media.
Abbott rarely issues pardons, in which the seven-person board — appointed by the governor — must recommend before Abbott can act. Abbott granted three pardons in 2023, two pardons in 2022 and eight in 2021 — most for lower-level offenses.
Abbott’s pardon of Perry came after influential conservative voices, like former Fox News host Tucker Carlson and former Texas GOP Chair Matt Rinaldi, urged Abbott to pardon Perry saying he acted in self-defense in the face of dangerous protests.
Shortly after Perry’s conviction, unsealed court documents revealed that he had made a slew of racist, threatening comments about protesters in text messages and social media posts. Days after George Floyd’s murder by a Minneapolis police officer prompted nationwide protests, Perry sent a text message saying, “I might go to Dallas to shoot looters.” Both Perry and Foster are white.
Those court documents also revealed that Perry sent inappropriate messages to someone who claimed to be 16 years old through a messaging platform that has been used to share child pornography.
Following Abbott’s pardon, a group of 14 attorneys general from across the country wrote a letter to the U.S. Department of Justice, asking the federal agency to investigate whether Perry violated Foster’s civil rights.
“When states fail to protect their residents from such violations of our civil rights, it’s imperative that DOJ steps in and ensures that justice is served,” New York Attorney General Letitia James said in a statement. “We urge DOJ to investigate this incident and demonstrate that this will not be tolerated in America.”
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