Catherine Rusoff
Texas Governor Greg Abbott was pardoned on Thursday Daniel Perryan Army sergeant condemned to 25 years in prison for shooting and killing a protester in 2020. The Republican governor issued his pardon after a unanimous recommendation from the Texas Board of Pardons and Paroles.
The Council also voted unanimously to recommend full restoration of Perry’s firearms rights.
“Texas has one of the strongest ‘Stand Your Ground’ self-defense laws that cannot be overturned by a jury or a progressive district attorney,” Abbott said in a statement. “I thank the Board for its thorough investigation and approve its recommendation for a pardon.”
Texas law states that the governor can grant pardons upon recommendation from the state’s Board of Pardons and Paroles, whose members are appointed by the governor.
An investigation into Perry’s case began April 8, 2024, at the governor’s request, the parole board said in a statement. The order came a day later Perry was convicted of the murder of Garrett Foster, 28, who was protesting for racial justice and against police brutality in downtown Austin.
Perry’s lawyers said their client, a U.S. Army sergeant who was stationed at Fort Hood at the time of the shooting and worked as a rideshare driver, was part of a “political process” and claimed he acted in self-defense. Foster, a U.S. Air Force veteran, was carrying an AK-47 on July 25, 2020, and Perry’s attorneys argued that Foster approached their client’s vehicle.
Prosecutors said witnesses never saw Foster raise the gun — and that Perry didn’t need to fire.
Eric Gay/AP
Prosecutors also presented social media posts and messages that they said showed Perry’s state of mind before the shooting. He searched for phrases like “protest in Austin today,” “protest in Dallas today,” and “protesters in Seattle get shot.”
Board of Pardons and Parole members “investigated the complexities of Perry’s case” before reaching a decision, the board said in a statement. “Investigative efforts encompassed a meticulous review of relevant documents, from police reports to court records, witness statements and interviews with individuals connected to the case.”
Perry’s attorney, Doug O’Connell, on Thursday thanked the governor in a statement to CBS News, saying the pardon corrected “the court sham that occurred over a year ago and represents true justice in this case.” He said Perry is “thrilled and happy to be free” and that he also wishes “this tragic event had never happened” and that he “never had to defend himself from Mr. Foster’s illegal actions.”
O’Connell also noted that Perry recognizes “that the Foster family is grieving.”
Travis County District Attorney José Garza, whose office oversaw the case, ensured that the council allowed time for prosecutors and Foster’s family to make presentations before issuing their recommendations. In a statement noting his disappointment, Garza said the Governor and Council’s recent actions “put their politics above justice and made a mockery of our legal system.”
“His actions are contrary to the law and demonstrate that there are two classes of people in this state where some lives matter and others do not,” Garza said.
—Caroline Linton contributed reporting.
