Texas Governor Pardons Man in Fatal Shooting of Protester in 2020

Texas Governor Greg Abbott granted a full pardon on Thursday to Daniel Perry, a former U.S. Army sergeant convicted of murder for fatally shooting an armed demonstrator during the 2020 Black Lives Matter protests. Perry, who had been serving a 25-year sentence since his conviction in 2023, was released from prison shortly after the pardon was issued.

The Texas Board of Pardons and Paroles, whose members are appointed by the governor, unanimously recommended the pardon earlier in the day. Governor Abbott, a Republican, swiftly acted on the recommendation, emphasizing Texas' strong self-defense laws in his decision. "Texas has one of the strongest 'Stand Your Ground' laws of self-defense that cannot be overruled by a jury or a progressive district attorney," Abbott stated.

The incident in question occurred on July 25, 2020, in downtown Austin, amid nationwide protests against police violence and racial injustice following the murder of George Floyd by a Minneapolis police officer. Perry, who was working as a ride-share driver, drove his car onto a street filled with protesters. During the ensuing altercation, he shot and killed Garrett Foster, a 28-year-old Air Force veteran who was legally carrying an AK-47-style rifle.

Prosecutors argued that Perry could have driven away without opening fire and presented evidence of Perry's racist social media posts and text messages to depict him as a potential threat to public safety. Witnesses testified that they did not see Foster raise his gun before Perry shot him. Perry's defense attorneys, however, claimed that Foster had raised his rifle, leaving Perry with no other option but to defend himself. Perry did not testify during the trial, and the jury deliberated for two days before finding him guilty.

The call for a review of Perry's case came under significant pressure from conservative media personality Tucker Carlson, who publicly urged Abbott to intervene. Following Perry's conviction, Carlson criticized the verdict on his national television show, prompting Abbott to order the Board of Pardons and Paroles to review the case. Abbott had previously stated his intention to sign a pardon if recommended by the board.

The board's recommendation and Abbott's subsequent pardon decision have been met with mixed reactions. Supporters of the pardon argue that Perry acted in self-defense and that the pardon is a rightful application of Texas' self-defense laws. Critics, however, contend that the pardon undermines the judicial process and sends a dangerous message about the use of deadly force.

Travis County District Attorney José Garza, who prosecuted the case, condemned the pardon, stating that it "puts politics over justice and makes a mockery of our legal system." Garza emphasized that the pardon disregards the service of the jurors who convicted Perry and the life of Garrett Foster. "They have sent a message to Garrett Foster’s family, to his partner, and to our community that his life does not matter," Garza said.

Foster's partner, Whitney Mitchell, also expressed her dismay at the pardon. "I loved Garrett Foster. I thought we were going to grow old together," Mitchell said in a statement. "With this pardon, the Governor has desecrated the life of a murdered Texan, impugned that jury’s just verdict, and declared that citizens can be killed with impunity as long as they hold political views that are different from those in power."

The pardon has reignited debates over Texas' "Stand Your Ground" laws, which allow individuals to use force in self-defense without the duty to retreat. Critics argue that such laws can lead to excessive use of force and disproportionate outcomes, while supporters maintain that they are essential for protecting individuals' rights to self-defense.

Perry's case has become a flashpoint in the broader national conversation about gun rights, self-defense, and the legal implications of using deadly force during protests. The controversy surrounding the pardon highlights the deep divisions in American society over these issues and the challenges of balancing self-defense rights with public safety and justice.

As the debate continues, the implications of Governor Abbott's decision will likely be felt in both legal and political arenas, shaping discussions about self-defense laws and the role of gubernatorial pardons in the justice system.