Former U.S. Army Sergeant Daniel Perry, who was convicted of murdering a protester at a Black Lives Matter rally in Austin, Texas, in 2020, was released from prison on Thursday after receiving a pardon from Texas Governor Greg Abbott. The decision came after the Texas Board of Pardons and Paroles voted unanimously to recommend a full pardon and the restoration of Perry's firearm rights, following an investigation requested by Abbott in April 2023.
Perry, who was sentenced to 25 years in prison last year, faced charges for fatally shooting 28-year-old Air Force veteran Garrett Foster at a racial justice rally two months after the murder of George Floyd in Minneapolis. Prosecutors argued that Perry initiated the fatal encounter by driving his vehicle into a crowd of protesters and shooting Foster, who was openly carrying an assault-style rifle, after he approached Perry's car and motioned for him to lower his window.
In a statement, Abbott praised Texas' "Stand Your Ground" laws, saying they "cannot be nullified by a jury or a progressive District Attorney." He thanked the Board for its thorough investigation and approved their pardon recommendation. The governor can only pardon Perry if the Board of Pardons and Paroles recommends it, according to Texas law.
Perry's attorney, Doug O'Connell, said his client is "thrilled and elated to be free" and thanked Abbott and the Texas Board of Pardons and Parole. O'Connell also acknowledged that the Foster family is grieving and stated that Perry wishes the tragic event never happened and that he never had to defend himself against Foster's actions.
However, the decision to pardon Perry has faced criticism from various quarters. Texas Democratic Party Chair Gilberto Hinojosa said in a statement, "Today, a convicted murderer will walk the streets of Texas. Texas Republicans have once again proven that they cannot keep the public safe, they are not the party of 'tough on crime,' and they are not the party of 'law and order.'"
Foster's former fiancée, Whitney Mitchell, expressed her heartbreak over the pardon, saying Abbott has shown that "only certain lives matter" and has made everyone less safe. She highlighted the evidence presented during Perry's trial, including his texts about plans to murder a protester he disagreed with, and the jury's verdict finding him guilty of carrying out that plan.
During Perry's sentencing hearing last May, the prosecution sought a sentence of at least 25 years, citing Perry's stream of racist and inflammatory social media posts prior to the shooting and his mental disorders. The defense argued for a 10-year sentence, pointing to Perry's lack of criminal history, psychological issues, and praise from military colleagues. They maintained that his actions were justified as self-defense.
Documents unsealed following Perry's conviction revealed a yearslong history of racist comments and messages, including a Facebook message from May 2020 in which Perry told a friend he "might have to kill a few people" who were rioting outside his apartment. Perry's attorney, Clint Broden, criticized the release of these documents, calling it a political decision by prosecutors.
