Gov. Abbott pardons Daniel Perry after he shot, killed protester in 2020

AUSTIN (KXAN) — Texas Gov. Greg Abbott announced he granted a full pardon to the man convicted of shooting and killing a Black Lives Matter protester following a recommendation issued Thursday, and he's now out of prison.

Abbott quickly signed a proclamation after the Texas Board of Pardons and Paroles voted unanimously to grant a full pardon and restore gun rights to Daniel Perry, a former Army sergeant found guilty of murder by a jury in April 2023 and later sentenced to 25 years in prison.

In a statement Thursday, Abbott said, "The Texas Board of Pardons and Paroles conducted an exhaustive review of U.S. Army Sergeant Daniel Perry’s personal history and the facts surrounding the July 2020 incident and recommended a Full Pardon and Restoration of Full Civil Rights of Citizenship. Among the voluminous files reviewed by the Board, they considered information provided by the Travis County District Attorney, the full investigative report on Daniel Perry, plus a review of all the testimony provided at trial. 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. I thank the Board for its thorough investigation, and I approve their pardon recommendation."

Perry admitted to shooting Garrett Foster while driving an Uber in downtown Austin during a demonstration in 2020. Foster was armed at the time, and Perry’s attorneys argued the shooting was in self-defense.

The Texas Department of Criminal Justice confirmed Thursday afternoon that Perry is no longer in state custody.

Doug O'Connell, who serves as Perry's attorney, thanked Abbott for granting the pardon.

"I spoke with Daniel this afternoon. He is thrilled and elated to be free. Daniel is also optimistic for his future," O'Connell said Thursday. "He wishes that this tragic event never happened and wishes he never had to defend himself against Mr. Foster’s unlawful actions. At the same time, Daniel recognizes that the Foster family is grieving. We are anxious to see Daniel reunited with his family and loved ones."

The board's members began looking into Perry's case after a request from Gov. Greg Abbott in April 2023.

"The investigative efforts encompassed a meticulous review of pertinent documents, from police reports to court records, witness statements, and interviews with individuals linked to the case," a statement from the board read. "After a thorough examination of the amassed information, the parole board reached a decision on May 16, 2024. The Board voted unanimously to recommend a full pardon and restoration of firearm rights."

Travis County District José Garza, whose office prosecuted the case against Perry, released a lengthy statement slamming the governor's pardon and expressing condolences to Foster's loved ones.

"The Board and the Governor have put their politics over justice and made a mockery of our legal system. They should be ashamed of themselves," Garza said. "Their actions are contrary to the law and demonstrate that there are two classes of people in this state where some lives matter and some lives do not. They have sent a message to Garrett Foster’s family, to his partner, and to our community that his life does not matter. They have sent the message that the service of the Travis County community members who served on the grand jury and trial jury does not matter. To the family and friends of Garrett Foster, and to the people of Travis County, we will not stop fighting for justice."

Whitney Mitchell, Foster's fiancée, and her mother shared their reaction Thursday afternoon to the pardon, calling it a "devastating blow" that "reopened deep wounds."

"This decision has not only retraumatized my daughter, who has been trying to find peace and closure but has also inflicted further pain on Garrett’s family and all who loved him. It sends a chilling message about the value of human life and the strength of political influence, eroding trust in the institutions meant to protect us," the Mitchell family statement read.

"We stand today, heartbroken but resolute, in our call for a justice system that serves the people without bias and without undue political influence," they continued. "We urge all who believe in justice and human dignity to stand with us in remembering Garrett and advocating for a system that upholds these values steadfastly."

Texas Attorney General Ken Paxton posted his reaction on X, formerly known as Twitter, to the news of Abbott pardoning Perry.

"Americans across the country have been watching this case in Texas and praying for justice after BLM riots terrorized the nation in 2020," Paxton wrote. "Our right to self-defense is enshrined in the Constitution. Soros-backed prosecutors like Jose Garza do not get to pick and choose the rights we have as Americans, and I am relieved that justice has prevailed."