Criminal appeals court denies DA's attempt to reverse Daniel Perry pardon

AUSTIN (KXAN) -- A Texas Court of Criminal Appeals has denied Travis County District Attorney Jose Garza's attempt to reverse the pardon of Daniel Perry, who was convicted of murder in 2020 for shooting and killing a Black Lives Matter protester in 2020, according to online court records.

Governor Greg Abbott pardoned Perry in May of this year. A jury found Perry guilty of murder in April 2023.

Earlier this month, Garza filed a writ of mandamus asking the Court of Criminal Appeals to reverse what he called the "unlawful" pardon of Perry.

"We will be asking for the courts to intervene in order to restore the sanctity of the rule of law in this great state," Garza said as he made the announcement about filing the writ.

The gist of the District Attorney's Office's stance on the pardon was that the agency believed the governor improperly interfered with the judicial process by pardoning Perry.

According to court action Wednesday, the higher court denied Garza's efforts in this case, meaning the pardon will hold.

Abbott posted on the social media platform X, formerly known as Twitter, earlier this month in response to Garza's move, stating the reversal is not going to happen.

The family of Garrett Foster, the man Perry killed, said earlier this month they will continue to fight the pardon in any way they can.