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