Texas Prosecutor Moves to Overturn Governor's Pardon of Convicted BLM Protester Murderer

Texas Prosecutor Moves to Overturn Governor’s Pardon of Convicted BLM Protester Murderer

WFCN – The governor’s pardon of a man convicted of killing a Black Lives Matter demonstrator should be reviewed by the highest criminal court in Texas, according to a prosecutor there.

The office of Travis County District Attorney José Garza announced on Tuesday that it will petition the Texas Court of Criminal Appeals for a writ of mandamus, which would nullify the pardon.

Although the request had not yet been submitted as of Tuesday mid-afternoon, Garza’s office stated that it will soon.

Garrett Foster, 28, was shot and killed by Daniel Perry, 35, during a Black Lives Matter demonstration in Austin in 2020. Perry was found guilty of the crime last year. Perry received a sentence of 25 years in jail.

Governor Greg Abbott declared that Perry will be pardoned as soon as it was legal to do so on the day of his conviction. Perry should have been found not guilty under the state’s “Stand Your Ground” legislation, according to Abbott’s office, which made the pardon announcement last month.

Shortly afterward, Perry was granted his release from prison.

Texas Prosecutor Moves to Overturn Governor's Pardon of Convicted BLM Protester Murderer

In Texas, where there is a real threat of violence, kidnapping, or robbery against human life or property (including homes and cars), persons are legally allowed to open fire.

According to Texas law, an individual who uses lethal force with justification is not required to flee. According to the law, a defendant in this kind of circumstance must present proof and an affirmative defense demonstrating that they were in the right during the exchange.

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The pardon was announced on May 16 by Abbott in a statement. “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,” Abbott stated.

Perry was assigned at Ford Hood, approximately 70 miles north of the Austin demonstration, as an Army sergeant on July 25, 2020, the day of the shooting.

There was a Black Lives Matter demonstration going on in downtown Austin while he was driving. Following the assassination of George Floyd by Minneapolis police, numerous events were planned that summer.

Foster aimed a semiautomatic weapon at Perry, who halted at a crossroads and allegedly told authorities he had to defend himself by firing from inside his car. Foster was in possession of the rifle lawfully.

Perry was charged with murder by a Travis County grand jury over a year later. There was no proof that Foster pointed his gun, according to the prosecution. Prosecutors also tried to paint Perry as a racist who could have easily driven away by using texts and social media posts.

Perry was found guilty of murder on April 7, 2023. He was exonerated by the jury of aggravated assault with a dangerous weapon.

The Texas Board of Pardons and Paroles recommended a pardon for the governor, and the governor accepted it.

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