Travis County DA Seeks to Overturn Gov. Greg Abbott’s Pardon of Army Sergeant Convicted of Murder

U.S. Army Sgt. Daniel Perry in undated file photographs. (Courtesy of Broden & Mickelsen/Austin Police Department)

The district attorney in Austin, Texas, announced on Tuesday that he has called on the state’s highest criminal court to intervene and reverse Governor Greg Abbott’s pardoning of former U.S. Army Sgt. Daniel Perry.

Speaking at a press conference, Travis County District Attorney Jose Garza called the governor’s pardoning of Mr. Perry “unlawful” and urged the state’s court of appeals to overturn it to “restore the sanctity of the rule of law in this great state.”

Mr. Perry was convicted in April 2023 of murder and sentenced to 25 years in prison. He was found guilty of fatally shooting an armed protester, Garrett Foster, during a Black Lives Matter (BLM) protest in Austin, Texas, in 2020.

According to prosecutors, on the night of the shooting, Mr. Perry was working as a ride-share driver and had turned onto a street where Mr. Foster, an Air Force veteran, and dozens of other protesters were demonstrating.

Mr. Foster then approached Mr. Perry’s car while carrying an AK-47 rifle, prompting the former Army sergeant to shoot Mr. Foster, killing him, according to prosecutors.

Attorneys for Mr. Perry have argued their client shot Mr. Foster in self-defense, however, prosecutors claimed during his trial that Mr. Perry had not been justified in using lethal force and had maliciously driven into a crowd of protesters.

They further claimed Mr. Foster had the right to approach him and investigate.

Abbott Pardons Perry After ‘Exhaustive Review’ of Case

Last month, Governor Abbott pardoned Mr. Perry following a unanimous recommendation by the Texas Board of Pardons and Paroles.

In a statement at the time, the governor, a Republican, said the board had conducted an “exhaustive review” of the case including Mr. Perry’s personal history and the facts surrounding the July 2020 incident.

Mr. Abbott also cited Texas’ “Stand Your Ground” law in his pardoning of the former Army sergeant.

“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,” he said at the time.

“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,” the governor concluded.

However, speaking at Tuesday’s press conference, Mr. Garza accused the Board of Pardons and Paroles and Mr. Abbott of putting their “politics over justice” and “making a mockery of our legal system.”

“For that, they should be ashamed of themselves,” Mr. Garza said. “Their actions were contrary to the law. At the Travis County District Attorney’s office, we will continue to put our faith in the law, and we will continue to use the legal process to seek justice. We will continue to use the legal process to fight for Garrett Foster, for his family, and for his friends.”

People hold up signs outside the Austin Police Department after a vigil for Garrett Foster in Austin, Texas, on July 26, 2020. (Sergio Flores/Getty Images)

Attorneys General Request DOJ Probe

According to Holly Taylor, the director of the Division of Public Integrity and Complex Crimes for the district attorney’s office, the Travis County district attorney intends to file a writ of mandamus asking the Texas Criminal Court of Appeals to reverse the pardon.

The reversal request will be on the grounds that Mr. Abbott violated Texas’ separation of powers doctrine and exceeded his constitutional authority in granting the pardon by circumventing the process for pardons, she said.

Asked on Tuesday how long the process will take, Mr. Garza was unable to provide a timeline, noting that his office is also requesting to have an oral argument to make their case.

He also stopped short of stating whether or not he believes the pardon will be overturned.

However, the Travis County district attorney said his office has an “obligation and a responsibility” to ensure the legal system in the state “operates as it should and with the best interests of the people who live in this state.”

Mr. Garza’s comments come after a group of 14 attorneys general, including New York AG Letitia James, called for the Department of Justice (DOJ) to investigate Mr. Foster’s murder, and more specifically whether or not Mr. Perry violated his civil rights.

In a letter to the federal agency, the attorneys general wrote that while Mr. Perry has been pardoned in Texas, state law “does not prevent a federal prosecution for Mr. Perry’s act of killing someone for racial reasons in order to prevent him from exercising constitutional rights.”

The attorneys general of Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, Oregon, Vermont, and the District of Columbia also signed the letter.

In an emailed statement to The Epoch Times, Mr. Perry’s attorney, Clint Broden, said his client had “defended himself against an individual who had been discharged from the air force for mental health issues and who had been illegally brandishing an assault rifle on the streets of Austin on both that day and other days.”

His attorney also said the prosecution of Mr. Perry was “political from the onset” and accused District Attorney Garza of making a “mockery of our constitutional system of government.”

“To the extent Mr. Garza takes issue with the Governor’s actions, he should lobby to change our laws and Constitution,” his attorney said.

“Instead, Jose Garza, putting politics above the laws and Constitution of the State of Texas, is spending taxpayer dollars in a frivolous pursuit to overturn Governor Abbot’s pardon in this case rather than spending those dollars prosecuting true criminals who prey on the citizens of Travis County,” he added.

The Epoch Times has also contacted Mr. Abbott’s office for comment.

Ryan Morgan contributed to this report.