Prosecutor asks Texas court to reverse governor's pardon of man who fatally shot demonstrator

Prosecutor urges Texas court to overturn governor's pardon of man who fatally shot demonstrator, sparking legal debate and public outcry

Prosecutor Challenges Texas Governor’s Pardon of Army Sergeant in BLM Protest Shooting

 

Austin, Texas — The Texas governor's recent pardon of a former Army sergeant convicted of fatally shooting a Black Lives Matter demonstrator has sparked controversy and legal challenges. Travis County District Attorney José Garza denounced the pardon as undermining the state's legal system and constitution, vowing to seek its reversal through the Court of Criminal Appeals.

 

Daniel Perry, the former Army sergeant, shot and killed Garrett Foster during a protest in downtown Austin in July 2020. Perry was subsequently convicted and sentenced to 25 years in prison in May 2023. However, Republican Governor Greg Abbott issued a pardon last month, leading to Perry's swift release from prison.

 

Garza criticized the pardon for circumventing the established appeals process and violating the state constitutional separation of powers. He emphasized that the pardon set a dangerous precedent by prioritizing politics over justice.

 

The legal team representing Perry defended the pardon as fully appropriate under the state constitution. They argued that the governor, following the recommendation of the state Board of Pardons and Paroles, possesses absolute authority to pardon individuals based on any grounds, including actual innocence.

 

The pardon has drawn widespread condemnation, particularly from Foster's family, who described it as unacceptable. Sheila Foster, Garrett Foster's mother, expressed her determination to fight for justice for her son, whose rights to free speech and peaceful protest were allegedly violated.

 

The circumstances surrounding Foster's death have raised questions about Perry's claim of self-defense. Witnesses disputed Perry's account, stating that Foster, an Air Force veteran, never raised his weapon. Prosecutors argued that Perry could have avoided the confrontation without resorting to lethal force.

 

The case has attracted national attention, with calls for a federal investigation into whether Perry violated Foster's civil rights. Garza welcomed federal scrutiny of the case, highlighting the widespread outrage and demand for accountability.

 

The shooting occurred amid nationwide protests against police brutality and racial injustice following the murder of George Floyd. Minnesota Attorney General Keith Ellison condemned vigilante violence and emphasized the importance of protecting Americans' rights to free speech and peaceful protest.

 

Abbott's decision to pardon Perry has raised concerns about potential interference with jury verdicts in the future. Revelations of Perry's hostile views toward Black Lives Matter protests, as evidenced by text messages and social media posts, further fueled the controversy surrounding the case.