Texas Gov. Greg Abbott announced on Saturday that he would seek to pardon the U.S. Army sergeant convicted of killing a protester during a 2020 Black Lives Matter demonstration.Â
Abbott tweeted that he was “working as swiftly as Texas law allows” to pardon 35-year-old Sgt. Daniel Perry. However, the Texas Constitution limits the governor’s powers to pardon someone. He can only act on a recommendation from the Board of Pardons and Paroles.
“I look forward to approving the Board’s pardon recommendation as soon as it hits my desk,” Abbott wrote.
I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry. pic.twitter.com/HydwdzneMU
— Greg Abbott (@GregAbbott_TX) April 8, 2023
Foster’s brother, Ryan Foster, told the American-Statesman that he doesn’t believe Perry should be pardoned.Â
“This was clearly premeditated,” he told the outlet. “He thought a lot about it and planned on doing it…He wanted to kill a protester and saw somebody exercising their second amendment right.”Â
Perry was convicted of murder by a Travis County jury on Friday for fatally shooting 28-year-old Garrett Foster in July 2020. He faces up to life in prison and will be sentenced by District Judge Clifford Brown in the coming days.
After the verdict was read, Perry broke down in the courtroom and sobbed into the chest of one of his lawyers.Â
Perry was working as an Uber driver in Austin on the night of the shooting. He turned onto a street with a large crowd of protesters before stopping.Â
Foster, who was carrying an AK-47 rifle, approached Perry’s car. Perry told investigators that Foster threatened him by pointing the gun at him, so he shot Foster five times with a .357 revolver. He then drove away as protesters ran from the area.
Perry’s defense attorneys argued that he acted in self-defense. However, witnesses testified during the trial that Foster never raised his gun and was pushing his black, quadruple-amputee fiancée’s wheelchair when he shot and killed.
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