Murderer of Garett Foster Pardoned

Written by: Arlo Hoover (J)

AUSTIN, TX - On July 25, 2020, a man named Garrett Foster, 28 years old, was shot and killed by Daniel Perry, 37 years old, during a Black Lives Matter protest. Perry was subsequently sentenced to 25 years in prison for manslaughter but was pardoned by Texas Governor Greg Abbot.

Perry and Foster, both legally armed, came into an altercation after Perry drove his car through a Black Lives Matter protest while working for Uber. Foster approached Perry, shortly after he ran a red light, motioning for him to roll his window down, after which Perry shot him with a handgun.

Perry claimed self-defense, invoking Texas Stand-Your-Ground laws, which according to the National Conference of State Legislatures, allow individuals to use reasonable force, including deadly force, to protect themselves against an intruder. Perry stated that he believed Foster was going to point the assault-like rifle he was legally carrying at Perry, so he shot him. The “Texas Tribune” states that witnesses reported that Foster did not raise his weapon. Perry's defense team also cited his lack of criminal history and psychological disorders, including Complex Post-Traumatic Stress Disorder, diagnosed in 2023, as well as praise from his military colleagues. However, the prosecution noted discrepancies in Perry's claimed military-related PTSD diagnosis.

His defense was able to convince the Texas Board of Pardons and Paroles to unanimously vote to pardon him. To which Gov. Greg Abbot voted the same as governors are not allowed to pardon without a motion from the board.

Documents following Perry’s conviction were unsealed by a Travis County judge, showing Perry’s social media history of racist comments and messages as well as suggestive messages to underage girls.

Just weeks before the murder, Perry said in a Facebook message that he “might have to kill a few people” in reference to Black Lives Matter protesters who were outside of his apartment. He also stated in May 2020 that he wanted to “go to Dallas and shoot some looters.” In his history there were even multiple “white power” posts shared. On June 1st, 2020 he compared the movement to “…a zoo full of monkeys that are freaking out and flinging their s***.” One of Perry's attorneys, Doug O’Connell, called these posts and messages “barracks humor.”

Perry's social media posts, involvement in the fatal altercation, and subsequent conviction by a jury were notable aspects of the case; and Abbot still vowed to pardon Perry after he was sentenced to 25 years. He said on an “X” post “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,” He pushed for the Board to expedite the case and thanked them for the thoroughness of the investigation. Perry says he is “thrilled and elated” to be out of prison after being there for 372 days. Along with being Pardoned for the killing, he was given all rights to bear arms back, and his military sergeant status was reinstated.

Perry had a history of posting racist remarks on social media and expressing intent to harm protesters. Texas Democratic Party Chair Gilberto Hinojosa agrees, saying “Make no mistake: Daniel Perry is a murderer who was on a mission to commit violence against Texans, and today our justice system was hijacked for political gain.” Whitney Mitchell, Foster's former fiancée says “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.”

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