« Notable (below-guideline) sentence for key anti-abortion activist after trial conviction | Main | "Trial Ambivalence" »

May 16, 2024

Texas Gov fulfils pledge to pardon man convicted of murdering BLM marcher and sentenced to 25 years

The Govenor of Texas issued a notable (and previously promised) clemency, as detailed in this local article.  Here are excerpts:

Daniel Perry, a former Army sergeant convicted of killing a Black Lives Matter protester in downtown Austin in 2020, was freed from prison Thursday within an hour of Gov. Greg Abbott signing a pardon proclamation in a case that triggered a political and legal firestorm.

In a series of rapid-fire developments in a less than two-hour span, the Texas Board of Pardons and Paroles recommended that Perry be pardoned on the murder conviction.  Abbott then granted the full pardon to Perry, leading to his release from the Mac Stringfellow Unit in Rosharon, about 20 miles south of downtown Houston. Perry, 36 at the time of his April 2023 conviction, may also be able to apply to have his record expunged, according to the Texas Department of Criminal Justice.

The board announced its recommendation to pardon Perry and restore his firearm rights in a statement posted on its website Thursday.  Its decision came after a "meticulous review of pertinent documents, from police reports to court records, witness statements, and interviews with individuals linked to the case," the statement said.

In July 2020, Perry shot and killed Garrett Foster after Perry drove into a racial justice protest on Congress Avenue. Perry claimed that he shot Foster, who was carrying an AK-47 rifle, in self-defense. During Perry’s trial last year, prosecutors argued that Perry had sought out confrontation.

"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," Abbott said in a statement Thursday.  "I thank the Board for its thorough investigation, and I approve their pardon recommendation.” In a proclamation Thursday, Abbott took aim at Travis County District Attorney José Garza, writing that Garza "demonstrated unethical and biased misuse of his office in prosecuting Daniel Scott Perry."

Less than 24 hours after a jury in April 2023 found Perry guilty of murder, Abbott said on social media that he would approve a pardon if one were recommended by the Texas Board of Pardons and Paroles. The announcement came after prominent conservative figures called on him to undo Perry's conviction. Shortly after Abbott’s announcement, a state district judge unsealed court records that contained Perry’s previously unreleased messages and social media posts, which contained racist rhetoric.

"Daniel Perry was imprisoned for 372 days and lost the military career that he loved," Doug O'Connell, an attorney who represents Perry, said in a statement. "The action by Governor Abbott and the Pardon Board corrects the courtroom travesty which occurred over a year ago and represents justice in this case. "I spoke to Daniel Perry this afternoon. He is thrilled and elated to be free. Daniel is also optimistic for his future."

Garza condemned the actions of the parole board and Abbott, writing in a statement that they have "put their politics over justice and made a mockery of our legal system."

Gov Abbott's proclamation is available at this link and his statement is at this link; the pardon board's statement is available at this link.

Prior related posts:

May 16, 2024 at 07:48 PM | Permalink

Comments

The case was BS. He was in a place that he had a lawful right to be. The decedent was part of a mob blocking traffic and threatening motorists. He was carrying an AK.

Play stupid games; win stupid prizes.

Posted by: federalist | May 17, 2024 9:24:16 AM

Doug, you could at least say that the decedent was armed, and clearly, as the video shows, these clowns were surrounding the guy's car. Calling him a marcher is as bad as you're only modified some threads below.

Posted by: federalist | May 17, 2024 9:26:05 AM

Like Roger Fortson in Florida the other day (also armed, good point federalist), Garrett Forster f***ed around and found out.

"Perry served in the Army for more than a decade. At trial, a forensic psychologist testified that he believed Perry has post-traumatic stress disorder from his deployment to Afghanistan and from being bullied as a child."

https://6abc.com/post/daniel-perry-case-gov-greg-abbott-pardons-former-us-army-sergeant-convicted-of-killing-veteran-garrett-foster-at-blm-protest/14828249/

It looks like the knee-jerk libs like the ones on this jury are never going to realize you have to take a man's background into account when judging his decisions. Well OK, Gov. Abbott's doing it for them.

Perry swore an oath to clean up the anti-American filth overseas and he held to it back here at home. He is now free from his unfair imprisonment to do so again, so the scum better watch out. Just try and block traffic with your little march again. He'll put your ass down

And once President Trump is back in office the criminals will be too scared to come out of their houses. November, here we come! MAGA

Posted by: MAGA 2024 | May 17, 2024 10:35:00 AM

MAGA writes "And once President Trump is back in office the criminals will be too scared to come out of their houses." I agree. Only the criminal-in-chief knows how to deal with other criminals.

Posted by: Dave from Texas | May 17, 2024 4:21:02 PM

What crimes has Trump committed other than made-up crimes? You can mention the classified dox, but Hillary's crime was far worse, and it didn't get prosecuted. Ha ha.

Posted by: federalist | May 17, 2024 5:39:08 PM

Governor pardoning a convicted murderer!! Can my clients get in line?

Posted by: defense lawyer | May 17, 2024 6:41:39 PM

Federalist writes, "What crimes has Trump committed other than made-up crimes? You can mention the classified dox, but Hillary's crime was far worse, and it didn't get prosecuted. Ha ha."

So federalist would argue that Trump's crimes with respect to the classified documents should be excused because others have committed worse crimes and have not been prosecuted. I have tried this argument with many district attorneys over the years, but for some reason, they are not moved.

Posted by: defense lawyer | May 17, 2024 6:46:17 PM

DL,

Maybe you picked the wrong clients. Try another ZIP code LOL

MAGA

Posted by: MAGA 2024 | May 17, 2024 7:16:11 PM

defense lawyer --

"So federalist would argue that Trump's crimes with respect to the classified documents should be excused because others have committed worse crimes and have not been prosecuted. I have tried this argument with many district attorneys over the years, but for some reason, they are not moved."

Do you think those district attorneys were right or wrong to reject your argument?

Posted by: Bill Otis | May 17, 2024 7:25:46 PM

I find it unfortunate that our justice system is politicized to the extent that one's political orientation plays a role in this type of case. Surely the fact that these were BLM marchers is not relevant.

What is relevant is whether or not the defendant had a legally sufficient argument for self defense. I haven't not delved into the case enough to know whether or not that is the case.

Posted by: William Jockusch | May 18, 2024 9:34:48 PM

Right wing governors like Greg Abbott, Kay Ivey, and others of their ilk are lucky they don't need body guards or bulletproof vests whenever they venture outside their bubble to press the flesh. With all the harm that these particular governors have done to the marginalized and simple people, it's a wonder that none of the victims of these governors have banded together to seek justice or revenge against these bigots.

Posted by: william delzell | May 21, 2024 9:25:03 AM

W.D. :

I hope they try that, try violence. The backlash will be swift and severe as it should be. No Democrat politician is going to stand up for them. Theyll just whine about the gun laws being too loose. We'll emphasize mental health treatment and the rats will cave before even bringing a bill to the floor. (Kind of a lost opportunity to put herp derp rat voters in group homes though haha)

They are the party of weakness and puss. We are the party of muscle, maniliness, and getting er done.

Years ago Sharron Angle, when running for Senator from Nevada, warned that Second Amendment Remedies might be necessary if rats continued to steal elections. The GOP was smart and did not purge or censure her. (She ran again for House later. Harry Reid helped the rats steal both her elections.)

Similar when the Jan 6 patriots tried to stop the steal by Joe Biden. Milquetoast Mike Pence was in the minority, most Republicans understood that the patriots were heroically protecting America from corruption by Joe Biden and his cohort of godless communists.

The best thing you can do for the GOP is try to take out a GOP governor. The independent and so-called moderate voters will be horrified and come home to President Trump.

That might in fact be the most promising way to Stop the Steal in 2024. Might be time for a false flag op. Does our side have anybody who knows how to shoot to miss? LOL

6 months to a Unified Riech! MAGA

Posted by: MAGA 2024 | May 21, 2024 3:38:47 PM

defense lawyer--obviously, no DA's office can be held to absolute perfection when it comes to picking whom to prosecute etc., but where, for example, partisan politics completely infect decisionmaking, it is beyond fair to point this out. I don't have to rehash what Hillary did, but it is far far worse than what Trump is accused of doing vis-a-vis Trump. You cannot have one standard for the Dems and one standard for the GOP. But what is interesting--as you know, the FBI framed the evidence in the Trump case by introducing cover sheets that weren't in the Mar a Lago cache--they took pictures and it was spilled out all over the news. Obviously, defense lawyers hate that sort of crap, but since you don't seem to care, I pretty much discount anything you have to say.

Jack Smith belongs in prison for what has been done.

Posted by: federalist | May 21, 2024 4:45:27 PM

Doug, this probably deserves a post:

https://www.thenation.com/article/archive/biden-should-pardon-marilyn-mosby/

Elie Mystal is a joke.

Posted by: federalist | May 21, 2024 5:23:27 PM

MAGA --

"Does our side have anybody who knows how to shoot to miss?"

James Hodgkinson. Mostly he missed, although he did succeed in almost killing Steve Scalise. Do you have a problem with that?

Also Nicholas Roske, except that he never got a shot off in his plan to assassinate Justice Kavanaugh. The cops captured him first -- another abusive police action, wouldn't you say?

Posted by: Bill Otis | May 24, 2024 11:16:44 AM

Bill,

Hodgkinson wasn't playing for our team, he was a Bernie bro! As if you couldnt tell from his marksmanship LOL

Same with Roske. He was P.O.ed about Roe v Wade getting overturned (imminently at the time, and this was known because of the leak that as far as I know still hasn't been solved). Also apparently and ironically enough he wasnt a big fan of the 2nd Amendment and so had a beef with Kavanaugh.

So that's two liberals, or worse than liberals.

Have you forgotten what team you're on? My Team is Team Trump. I'm starting to suss out that you may be a RINO. Might want to start taking some supplements for that. Start with powdered rhinoceros horn, that'll get the libs good and mad hahaha

Now, Jared Lee Loughner, that guy could shoot. He was a bit unformed though. He apparently said George W. Bush made him mad, and that he was "an independent" and "neither Left nor Right". Well he knew his left from his right when handling his weapon. A shame. Just a little bit too early to get onboard the Trump Train. The Marine Corps could have done great things with him.

MAGA

Posted by: MAGA 2024 | May 25, 2024 1:33:37 AM

MAGA --

To clear up any confusion about whose team is whose: I'm on team Goldwater/Reagan/Bush. Big fan of Tom Cotton, too, see https://ringsideatthereckoning.substack.com/p/the-best-news-yet-about-donald-trump?utm_campaign=reaction&utm_medium=email&utm_source=substack&utm_content=post.

Not sure whose team you're on, although of course you could tell us. It would probably have to be Team Biden, since you're dead-set against Trump. (For those few here who are actually too stupid to get it, all your pretend Trump rah-rah is just the conceit you're using -- a vehicle for ridicule, nothing more).

Your team has far more in common ideologically with Hodgkinson and Roske than my team does. My ideological heroes are more like William F. Buckley and Thomas Sowell. Not really too fond of AOC, the Squad and George Soros.

Posted by: Bill Otis | May 25, 2024 2:58:35 PM

Bill :

Goldwater, Reagan, and Bush all belong on Mt. Rushmore but like the faces already there, theyre dead.

America needs a leader NOW.

I'm with you on Tom Cotton, and I read that Pres Trump is considering him for VP. This is great news. You couldnt get more different from Mike Pence. Cotton understands that the moonbat anti-Israel protestors need their faces ripped off.

https://nypost.com/2024/04/16/us-news/tom-cotton-wants-to-get-tough-on-anti-israeli-protesters-painful-to-have-their-skin-ripped-off/

Team Trump/Cotton can install a new method of federal execution. All it takes is a pair of handcuffs, a length of chain, a pickup with a ball hitch, and length of road. Good and cheap.

"Not sure whose team you're on, although of course you could tell us. It would probably have to be Team Biden, since you're dead-set against Trump. (For those few here who are actually too stupid to get it, all your pretend Trump rah-rah is just the conceit you're using -- a vehicle for ridicule, nothing more)."

As usual Bill your putting words in my mouth. I'm Team Trump all the way, and more committed than your RINO-curious rear.

"My ideological heroes are more like William F. Buckley and Thomas Sowell."

Well, which Buckley? He was okay right after Brown v Board but he lost his backbone in the 60s. He even wrote approvingly of the Voting Rights Act! The same one today's SCOTUS is slowly getting under control. I also wasn't crazy about his whole George Plimpton vibe. Too East Coast Establishment for me. You can find real conservatives anywhere, its true, but most reliably in Real America.

So Buckleys a really mixed bag. Also his taste in music was trash. Real pansy doily powdered wig stuff. Nothin like Foggy Mountain Breakdown---I like music you can spit tobacco to LOL

But Sowell on the other hand, total agreement there. He makes economics as simple as it needs to be, revealing the university subject as the gigantic overcomplicated racket that it is. Can you believe these guys get paid to heap BS on top of more BS?

"Not really too fond of AOC, the Squad and George Soros."

Me neither! Fortunately the only of them whos any threat at all is Soros. These ladies cant get anything done. Soon enough their districts will get bored of their ineffectual butts and vote in somebody who is a proven powerhouse at moving legislation, like Marjorie Taylor Greene.

See, we can agree on stuff, Bill. You should try sticking to open ended questions about people's opinions instead of assuming you know everything. Only a Mind greater than yours or mine can see inside the head of Man.

Enjoy your weekend and God bless! MAGA

Posted by: MAGA 2024 | May 25, 2024 3:55:12 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB