HOUSTON — There are new developments in the case of Daniel Perry who was found guilty of murder after shooting a police brutality protester in Austin.
Governor Greg Abbott has vowed to pardon Perry who killed Black Lives Matter protestor Garrett Foster in 2020.
Perry is a former Army sergeant and was found guilty by a jury of shooting and killing Foster, who was an Air Force veteran.
Abbott was tight-lipped about his pardon promise following an appearance in Houston Tuesday. He avoided answering questions about a potential pardon and what some believe is a violation of the rule of law.
“The Travis County district attorney's office is gonna continue to fight for a criminal justice system where everyone is treated equally, including Garrett Foster,” Travis County District Attorney Jose Garza said. “The governor has undermined the rule of law in the state of Texas."
After being challenged by Fox News personality Tucker Carlson and trolled online, Abbott issued a statement Saturday, hours after the verdict was announced.
“Texas has one of the strongest 'stand your ground' laws of self-defense that cannot be nullified by a jury or a progressive district attorney.”
Garza asked the Board of Pardons and Paroles to review the trial transcript and evidence and consider the impact on public safety and the effect on Foster's family before making a decision.
“If the governor wants to continue to pardon people who commit acts of gun violence, that's up to him,” Garza said. “But there is no doubt in my mind that it makes our community less safe.”
Garza said that he will continue to hold people accountable for gun violence.
Abbott can only issue a pardon based on the recommendation of the Board of Pardons and Paroles, who Abbott appoints.
“The board is now put into this position where if they grant it or allow it, they’re essentially a rubber stamp, and they’re not really in a position to deny it given the statements that Gov. Abbott has made about this case,” KHOU 11 legal analyst Carmen Roe said.
Roe adds the pardon could set a harmful precedent.
“The concern going forward is this creates a slippery slope, for cases that are hot button issues dealing with self-defense, stand your ground law and that anyone could come in and put their thumb on the scale and alter the outcome of what a jury decides inside of the courtroom,” Roe said.
Daniel Perry’s defense team has already filed a motion for a new trial, alleging in part that the court, in error, “excluded key evidence that they say showed Foster and other protesters were the first aggressors.
We are still waiting to find out when Perry will be sentenced in the case.