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Daniel Perry, who was convicted of killing a Black Lives Matter protester, is denied a new trial

Three people in suits walk down a hallway
Pool photo by Jay Janner
Austin American-Statesman
Daniel Perry, center, and his attorney Doug O’Connell walk out of the courtroom during jury deliberations last month in his trial in the shooting death of Garrett Foster.

Daniel Perry, who was found guilty last month of murdering a Black Lives Matter protester, was denied a new trial Wednesday.

The 33-year-old is scheduled to be sentenced Tuesday.

Perry was working for a ride-share company when he drove down a street crowded with protesters on July 25, 2020. Perry repeatedly shot 28-year-old Garrett Foster, who was carrying an AK-47, as he approached his car. Both men were carrying the firearms legally.

Perry was found guilty of murder. His attorneys filed a motion for a new trial, claiming the jury was subject to "outside influence." A Travis County judge on Thursday rejected that request.

Shortly after the guilty verdict, Gov. Greg Abbott pushed for Perry, an Army sergeant, to be pardoned. He has asked the Texas Board of Pardons and Paroles to review the conviction.

Late last month, a Travis County judge unsealed documents that showed Perry used racial slurs and threatened to kill protesters on social media.

Perry's attorneys denied KUT's request for comment Thursday.

“Our office continues to stand by the jury’s unanimous decision to convict Daniel Perry for the murder of Garrett Foster,” Travis County District Attorney José Garza said in a statement. “We look forward to Mr. Perry’s sentencing on Tuesday so that the family of Mr. Foster may continue to heal.”

Haya Panjwani is a general assignment reporter, with a focus on Travis County. Got a tip? Email her at Follow her on Twitter @hayapanjw.
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