4/10/2023
By Ed Lavandera, Ashley Killough, Paradise Afshar and Michelle Watson, CNN
(CNN) -- The Texas Board of Pardons and Paroles is launching an investigation upon the Republican governor's request for an expedited probe and pardon recommendation for a US Army sergeant convicted Friday of killing a protester at a Black Lives Matter rally in 2020.
"The board will be commencing that investigation immediately" and will report to the governor with recommendations when it's done, board spokesperson Rachel Alderete said Monday. The board didn't immediately say how long the inquiry could take or whether an appeal process is required ahead of a recommendation.
Daniel Perry, the White Army sergeant and ride-share driver, was indicted on a charge of murder in 2021 for the fatal shooting of Garrett Foster, who is also White, at a Black Lives Matter protest in Austin, Texas. He was also charged with aggravated assault with a deadly weapon and deadly conduct for his behavior at the protest.
A Travis County jury on Friday convicted Perry, 35, of murder. The jury found him not guilty of aggravated assault with a deadly weapon, and the deadly conduct charge is still pending with the county attorney's office.
Gov. Greg Abbott was "working as swiftly as Texas law allows regarding the pardon of Sgt. Perry," Abbott tweeted Saturday afternoon, explaining Texas law allows the governor to request the state's pardon board to determine if a pardon should be granted and he'd "made that request and instructed the Board to expedite its review."
Abbott also referenced Texas' "Stand Your Ground" law, which he called "one of the strongest" in the country. Such laws generally allow people to respond to threats or force without fear of criminal prosecution in any place where a person has the right to be.
A judge on Monday is expected to set a sentencing hearing for Perry.
Perry's lawyer, Clint Broden, was disappointed with the verdict, he said.
"We are disappointed in the verdict both as it relates to Daniel Perry and as it relates to a citizen's ability to defend themselves," Broden told CNN on Saturday. "Sgt. Perry will, of course, appeal the verdict and we are hopeful that the case will ultimately be overturned on appeal."
The pardon process "is outside our control," he added in response to Abbott's tweet. Perry's legal team is focused on "the upcoming sentencing hearing and marshaling evidence related to Sgt. Perry's character and his service to our country," he said.
Travis County District Attorney José Garza called Abbott's comments that he would intervene in the case "deeply troubling."
"Make no mistake, without intervention from the Governor, the defendant's conviction would be reviewed by both state and federal courts who will examine the record to ensure that no legal errors were made at this level and that the evidence supported the conviction," Garza said.
Perry's defense has argued he shot Foster in self-defense after Foster approached his car with an assault-style rifle. Perry was an active-duty sergeant working for a ride-share service to make extra money at the time of the killing, his lawyers have said.
Perry had dropped off a client near the protest and did not know the event, which followed the in-custody death of Black father George Floyd, was taking place, his defense has said. He carried a handgun in his car for protection as a driver, according to his lawyers.
The prosecution argued Perry initiated the encounter by running a red light to turn into the crowd gathered for the protest against police brutality and had previously posted on social media about shooting protesters, according to CNN affiliate KEYE.
Foster, 28, died shortly after the shooting.
Garza will continue to fight for the Foster family and for a justice system that treats everyone equally, he said.
"I know how long they have waited for justice for Garrett and their family. I can imagine that justice must feel so elusive for them and right now, and for that, I am more sorry than words can express," the district attorney said.