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Read the Texas Governor’s Pardon
  + stars: | 2024-05-16 | by ( ) www.nytimes.com   time to read: +2 min
PROCLAMATION BY THE Governor of the State of Texas PROCLAMATION No. 2024-0001 DPS #07666731 TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS, Daniel Scott Perry, TDCJ #02450686, D.O.B. April 24, 1987, was sentenced in the 147th District Court in Travis County on May 10, 2023, to twenty- five years in prison for the offense of Murder, Cause No. D-1-DC-21-900007; and WHEREAS, the Texas Board of Pardons and Paroles has conducted an exhaustive review of Daniel Scott Perry's personal history and the facts surrounding his shooting of Garrett Foster; and WHEREAS, both the Second Amendment to the United States Constitution and Article I, Section 23, of the Texas Constitution protect the right to keep and bear arms for, among other things, self-defense; and WHEREAS, Texas law, consistent with those constitutional guarantees, provides one of the clearest self-defense protections in the United States; and WHEREAS, Texas Penal Code § 9.32(a) provides that a person “is justified in using deadly force against another" when that person "reasonably believes the deadly force is immediately necessary" to protect a person against another's use of unlawful deadly force; and WHEREAS, Texas Penal Code § 9.32(c) provides that a person who is otherwise lawfully present at the location where deadly force is used "is not required to retreat before using deadly force"; and WHEREAS, on July 25, 2020, Daniel Scott Perry, while driving on a public road in Austin, slowed his vehicle as he rounded a corner onto Congress Avenue and encountered a group of protestors obstructing traffic; and WHEREAS, Daniel Scott Perry's car was immediately surrounded by aggressive protestors who rushed to obstruct, strike, pound, smash, and kick his vehicle; and WHEREAS, Garrett Foster then approached within 18 inches of Daniel Scott Perry's car, confronted him, and brandished a Kalashnikov-style rifle in the low-ready firing position; and WHEREAS, Daniel Scott Perry fired his handgun at Garrett Foster to eliminate a perceived threat to his safety and called law enforcement less than one minute later to inform them of the incident; and WHEREAS, Daniel Scott Perry explained to law enforcement at the time that he used his weapon because he feared losing his life and has since consistently stated that he acted in self-defense; and WHEREAS, Travis County District Attorney José Garza, rather than upholding the self- defense rights of citizens, has prioritized "reducing access to guns" that citizens may use to lawfully defend themselves; and FILED IN THE OFFICE OF THE SECRETARY OF STATE 1:25 PM O'CLOCK MAY 16 2024
Persons: Daniel Scott Perry, Paroles, Daniel Scott Perry's, Garrett Foster, brandished, Attorney José Garza Organizations: D.O.B, Texas, United States Constitution, Travis, Attorney Locations: Texas, TDCJ, Travis County, United States, Austin
Editor’s note: Dean Obeidallah, a former attorney, is the host of SiriusXM radio’s daily program “The Dean Obeidallah Show.” Follow him @DeanObeidallah@masto.ai. CNN —We are seeing an alarming pattern emerge in which some GOP leaders defend — and even pledge to pardon — people charged with or convicted of killing a person. “The unfortunate result was the unintended and unforeseen death of Mr. Neely.”Penny has received support from a score of right-wing figures. Instead, DeSantis is sending a message that if you are supported by the GOP base, we may have your back, even if you are charged in someone’s death. After Perry’s conviction, many on the right demanded GOP Texas Gov.
CNN —A US Army sergeant who was convicted of murdering a protester at a Black Lives Matter rally in 2020 was sentenced to 25 years in prison Wednesday morning – even as Texas’ governor pushes to pardon him. In April, a Texas jury convicted Perry of murder but found him not guilty on a charge of aggravated assault with a deadly weapon. The governor can only pardon Perry if the Board of Pardons and Paroles recommends it, according to Texas law. And in a June 1, 2020, social media comment, Perry compared the Black Lives Matter movement to “a zoo full of monkeys that are freaking out flinging their sh*t,” the documents show. CNN reached out to the governor’s office for comment on the social media posts.
Daniel Perry was found guilty last month of shooting to death 28-year-old Garrett Foster, a U.S. Air Force veteran, at a Black Lives Matter rally in Austin, Texas. He said the state's "stand your ground" law justified Perry's actions and could not be "nullified by a jury or progressive district attorney," Abbott said at the time. Perry's defense lawyers said they were disappointed with the sentence, but would focus to appealing the case and cooperating with the state's pardon process. Jose Garza, the district attorney for Travis County, where the case was tried and where Austin is located, is a Democrat. The shooting came moments after Perry, who was driving for Uber, happened upon a group of protesters, including Foster, marching downtown.
CNN —A US Army sergeant convicted of murdering a protester at Black Lives Matter rally is set to be sentenced Tuesday morning – amid moves from Texas’ governor to pardon him. Perry’s legal team argued his actions were justified as self-defense, saying Foster had approached Perry’s car with an assault-style rifle and motioned for Perry to lower his window. The governor can only pardon Perry if the Board of Pardons and Paroles recommends it, according to Texas law. Broden said Foster also made social media posts advocating for violence and supporting riots, most of which can’t be made public due to Texas discovery rules. CNN reached out to the governor’s office for comment on the social media posts.
Abbott’s pardon announcement came after he was goaded to do so by figures on the right – from Fox News host Tucker Carlson to the chairman of the Texas Republican Party to Kyle Rittenhouse. There are conflicting accounts as to whether Foster pointed his weapon at Perry or Perry made the first move. They are rioting outside my apartment complex.” Defense attorneys said that Foster had threatened Perry by pointing his gun at Perry. Then Carlson and others on the right began to pressure Abbott to issue a pardon, because they didn’t agree with the verdict. On his Fox News show on Friday night, Carlson called on Abbott to pardon Perry, arguing that the defendant had acted in self-defense – despite the jury rejecting that argument.
Greg Abbott in Austin, Texas, last year. The Texas governor says he intends to approve a pardon in the Black Lives Matter case ‘as soon as it hits my desk.’Texas Gov. Greg Abbott said he wants to pardon a man who was convicted Friday of murdering a Black Lives Matter protester. The Republican said on Twitter Saturday that he requested a state pardon board review the case of Daniel Perry, who was found guilty of murder for killing Garrett Foster at a demonstration in the summer of 2020 in Austin, Texas. Mr. Abbott said he would approve a pardon “as soon as it hits my desk.”
A jury unanimously convicted Perry on murder charges on Friday. Greg Abbott on Saturday said he will work "swiftly" to pardon an Army sergeant who was recently convicted of shooting and killing a Black Lives Matter protester. Daniel Perry for the shooting death of Garrett Foster, 28, at a 2020 Black Lives Matter protest in Austin, Texas. Perry then shot Foster five times with a revolver before driving away, the American-Statesman reported. "I look forward to approving the board's pardon recommendation as soon as it hits my desk," Abbott said in Saturday's tweet.
April 8 (Reuters) - Texas Governor Greg Abbott said on Saturday he is seeking the pardon of an Uber driver convicted of murder just a day earlier in the July 2020 shooting death of a man at a Black Lives Matter protest in downtown Austin, the state capital. Perry was driving in the city the night of the shooting and turned his Uber vehicle onto a street where a Black Lives Matter crowd was marching, according to media. Protesters told police that they feared they were being assaulted with the vehicle, according to media accounts. Perry was convicted of murder after the jury deliberated for 17 hours in the eight-day trial, according to media accounts. Perry faces life in prison and is due to be sentenced by State District Court Judge Clifford Brown on Tuesday, according to online court records for the 147th District Court in Travis County, Texas.
Daniel Perry had sent messages to friends discussing shooting protesters and sharing racist sentiments. Photo: Jay Janner/Pool Austin American-Statesman/Associated PressAUSTIN, Texas—An Army sergeant was sentenced to 25 years in prison for murdering a Black Lives Matter protester on the main street of Texas’ capital in 2020. Daniel Perry, 36, who was then working as an Uber driver, ran a red light into a crowd of social-justice marchers on July 25, 2020. Amid a confrontation with the group, he opened fire on Garrett Foster, a 28-year-old Air Force veteran, who was openly carrying an AK-47 style rifle, which is legal in Texas. Perry told police he believed the rifle was aimed in his direction.
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