The former Army sergeant pardoned by Gov. Greg Abbott for murdering a Black Lives Matter protester will go back on trial for a lesser charge.
Daniel Perry was driving for Uber when he got into an altercation with Garrett Foster, fatally shooting him in downtown Austin in 2020. Perry was convicted of murder in 2023, but was pardoned by the governor last year.
Travis County prosecutors convinced a grand jury that Perry's use of his vehicle during the incident endangered bystanders. He now faces a deadly conduct charge.
The case is being handled by Travis County Attorney Delia Garza's office. It said it does not comment on ongoing cases.
Judge Carlos Barrera confirmed he dismissed a motion by Perry's attorneys to drop the charge Tuesday night.
Perry’s attorneys had argued the charge is vague and that he’d already gone on trial for the incident. Doug O'Connell, one of Perry's attorneys, wasn't available for comment Wednesday afternoon.
If convicted, Perry faces up to a year in state jail and a $4,000 fine.