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Abbott seeks to pardon Daniel Perry, who shot and killed Austin BLM protester

People gathered at the Capitol in 2020 to protest police killings of unarmed black people.
Michael Minasi
U.S. Army Sgt. Daniel Perry was found guilty of murder Friday for fatally shooting 28-year-old Garrett Foster during a Black Lives Matter protest in Austin in 2020.

Gov. Greg Abbott has instructed the Texas Board of Pardons and Parole to review Army Sgt. Daniel Perry's guilty verdict in the fatal shooting of 28-year-old Garrett Foster during a Black Lives Matter protest in 2020.

A jury convicted Perry Friday.

In a social media post, Abbott wrote, "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 he has requested the board review Perry's case and determine if Perry should receive a pardon. He said he "looks forward" to approving a pardon.

Travis County District Attorney José Garza called Abbott's words "deeply troubling."

"In this case, a jury of twelve listened to testimony for nearly two weeks," he said in a statement. "After hearing from civilian eyewitnesses and expert witnesses, and deliberating for over fifteen hours, they reached the unanimous decision that Daniel Perry did not kill Garrett Foster in self-defense and was guilty of murder beyond a reasonable doubt."

Garza said it's "a jury that gets to decide whether a defendant is guilty or innocent – not the Governor."

Perry's lawyer, Clint Broden, said his focus remains on his client's upcoming sentencing hearing, which has not yet been scheduled.

"We are disappointed in the verdict both as it relates to Daniel Perry and as it relates to a citizen's ability to defend themselves," Broden told KUT in a text message. "Daniel was most crushed that his conviction will end his Army service."

Perry faces a potential life sentence.

Kailey Hunt is KUT's Williamson County reporter. Got a tip? Email her at Follow her on Twitter @KaileyEHunt.
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