In a recent development, a Texas district attorney has announced his intention to challenge Governor Greg Abbott's pardon of Daniel Perry, a man convicted of murder following the fatal shooting of a protester at a Black Lives Matter rally in 2020.
Travis County District Attorney Jos Garza, during a press conference on Tuesday, criticized the Board of Pardon and Paroles and the governor for prioritizing politics over justice. The press conference was streamed by local ABC news affiliate KVUE. Garza stated, "Their actions were contrary to the law," and accused them of making a "mockery of our legal system."
Perry, who was sentenced to a 25-year prison term, received a pardon from Governor Abbott last month. This move has sparked outrage among legal professionals across the country. In an open letter, 14 attorneys general called on the U.S. Department of Justice to investigate Perry's killing of protester Garrett Foster.
The letter highlighted the severity of the case, stating, "Mr. Perry shot and killed Mr. Foster, after having googled the locations of protests and sent a text message that he was considering traveling to another city to 'shoot looters.'" The letter also pointed out Perry's internet search history, which suggested an intent to conceal his crime, and his sharing of racist and anti-Muslim messages advocating vigilante murder.
Perry, an active-duty U.S. Army sergeant based at Fort Hood in Texas, was working as a ride-sharing driver when he drove into a crowd of protesters on July 25, 2020, in Austin, Texas. According to police, Garrett Foster, 28, was pushing his fiance in a wheelchair during the protest when Perry's car was surrounded by protesters.
Foster, who was carrying an AK-47-type rifle, approached Perry's car and was subsequently shot several times by Perry. Witnesses testified that Foster never raised his rifle at Perry. However, Perry told police that Foster did raise the rifle, as reported by local outlet Austin American-Statesman. Perry did not testify at his trial.
Perry's defense team argued that he had no choice but to shoot Foster for his own protection, as reported by ABC affiliate KVUE. Prosecutors, on the other hand, contended that Perry could have driven away before resorting to gunfire.
Governor Abbott criticized both the jury's decision to convict Perry and District Attorney Garza for pursuing the case. In a statement announcing the pardon, Abbott said, "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 also mentioned his efforts to control "rogue district attorneys" and revealed that the Texas Legislature is working on laws to achieve this objective.
In response to Abbott's statement, Garza expressed his concern, stating, "In a state that believes in upholding the importance of the rule of law, the Governor's statement that he will intervene in the legal proceedings surrounding the death of Garrett Foster is deeply troubling."
Garza further emphasized that in the legal system, it is the jury's role to decide a defendant's guilt or innocence, not the Governor's.
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