Travis County District Attorney José Garza said Tuesday that he’ll ask Texas’ top criminal court to overturn Gov. Greg Abbott’s controversial pardon of a man convicted of murder in the 2020 shooting of a Black Lives Matter protester, the Texas Tribune reports.
Last month, Abbott pardoned Daniel Perry after the Texas Board of Pardons and Paroles recommended he take such an action. The Republican governor directed the board — which he appoints — to review the case the day after a Texas state judge last summer sentenced Perry to 25 years in prison for the killing.
In July 2020, while driving for a ride-share company, Perry encountered demonstrators in downtown Austin. After honking at the marchers, he drove his car into the crowd, according to authorities.
Perry, who was legally carrying a firearm, shot protester Garrett Foster as he approached, according to court testimony. Perry, who reportedly fled the scene and later called police to report the shooting, said in court that he only fired after Foster, who was open-carrying an AK-47, aimed the rifle at him. Both men are white.
“When Governor Abbott issued the pardon, not only did he circumnavigate the process for pardons, he exceeded his authority and violated the separation of powers doctrine,” Holly Taylor, director of public integrity for the DA’s office, said during a Tuesday press conference covered by the Tribune.
Foster’s mother, Sheila, who was present at the briefing said she worries Abbott’s pardon will embolden others to act violently against those with opposing political views, according to the Tribune.
“My own child was killed on American soil for doing nothing but practicing his First and Second Amendment rights, and our governor just said, ‘That’s OK, that’s acceptable,’” Foster said.
Court documents unsealed after Perry’s conviction showed that he wrote numerous racist and threatening texts and social media posts airing his animosity toward racial-justice protesters, according to news reports. “I might have to kill a few people on my way to work they are rioting outside my apartment complex … No protesters go near me or my car,” he said in one message. Abbott seldom issues pardons, having only granted 13 since 2021, the Tribune reports. Most of those were for low-level offenses.
What’s more, Abbott’s pardon of Perry came after right-wing pundits including Tucker Carlson railed at the conviction and accused the governor of refusing to stand up for conservatives who dare to defend themselves.
Subscribe to SA Current newsletters.
Follow us: Apple News | Google News | NewsBreak | Reddit | Instagram | Facebook | Twitter| Or sign up for our RSS Feed
Related Stories
Gov. Greg Abbott pardons Daniel Perry, veteran who killed police brutality protester in 2020
Juror blasts Texas Gov. Abbott’s threat to pardon Black Lives Matter protest shooter as a ‘travesty’
Austin Police wrote letter in support of convicted killer Daniel Perry’s pardon
This article appears in May 1-14, 2024.