Texas Prosecutor Seeks to Overturn Governor’s Pardon of Man Convicted of Shooting BLM Protester
In a controversial move that has sparked outrage and legal challenges, Texas Governor Greg Abbott recently pardoned Daniel S. Perry, a man convicted of fatally shooting a Black Lives Matter protester in Austin in the summer of 2020. The pardon, which was based on Perry’s claim of self-defense under the state’s “stand your ground” law, has divided opinions and raised questions about the separation of powers.
Travis County District Attorney José Garza, a Democrat, has announced his intention to petition the state’s highest criminal appeals court to overturn the pardon. Garza argues that the governor overstepped his authority by interfering with the judicial process. He emphasized that it is the legal system’s responsibility to determine guilt or innocence, not the executive branch.
On the other side, Perry’s lawyer, Clint Broden, defended the governor’s pardon, citing the well-established authority of the executive branch to grant pardons. Broden criticized Garza’s efforts to challenge the pardon as a “frivolous pursuit” and argued that the judicial branch should not second-guess the executive’s decision.
The case dates back to July 2020 when Perry, an active-duty U.S. Army sergeant working as an Uber driver, shot and killed protester Garrett Foster during a demonstration in downtown Austin. Perry claimed he acted in self-defense when confronted by Foster, who was armed with an AK-47-style rifle. Perry was convicted and sentenced to 25 years in prison last year.
Governor Abbott’s decision to pardon Perry came after a recommendation from the state’s Board of Pardons and Paroles, which found merit in Perry’s self-defense argument. Abbott defended the pardon, stating that Texas has strong self-defense laws that cannot be undermined by a district attorney or a jury.
The protester’s mother, Sheila Foster, and District Attorney Garza have condemned the pardon, emphasizing that Garrett Foster was exercising his First Amendment rights when he was killed. The legal battle over the pardon will now move to the Texas Court of Criminal Appeals, where all nine members are Republicans.
In a related development, 14 Democratic state attorneys general have urged the U.S. Justice Department to investigate Foster’s killing as a civil rights violation. They expressed concerns that “stand your ground” laws could embolden vigilantes to use deadly force against peaceful protesters.
The case has reignited debates over self-defense laws, executive powers, and racial justice in Texas, setting the stage for a contentious legal showdown in the coming months.
