AUSTIN, Texas — Just a day after a jury convicted U.S. Army Sgt. Daniel Perry of murder for the 2020 killing of Black Lives Matter protester Garrett Foster, Texas Gov. Greg Abbott tweeted he is “working swiftly” to secure a pardon for Perry.

What You Need To Know

  • Following the murder conviction of Daniel Perry for the 2020 killing of Garrett Foster, Texas Gov. Greg Abbott said he is working to get Perry pardoned

  • Abbott tweeted that he is asking the Texas Board of Pardons and Paroles to recommend Perry be pardoned

  • In a statement, Travis County District Attorney José Garza called Abbott’s efforts “deeply troubling”

  • Perry faces life in prison

Abbott said that because the state constitution limits him to a pardon only on a recommendation by the state Board of Pardons and Paroles, he is asking the board to recommend a pardon and to expedite his request.

Travis County District Attorney José Garza on Sunday issued a statement on Abbott’s effort, calling it “deeply troubling.”

“In a state that believes in upholding the importance of the rule of law, the Governor’s statement that he will intervene in the legal proceedings surrounding the death of Garrett Foster is deeply troubling,” Garza wrote.

Perry’s trial in Austin lasted for about two weeks and was followed by two days of deliberation. Jurors heard from around 40 witnesses.

“In this case, a jury of twelve listened to testimony for nearly two weeks, upending their lives to painstakingly evaluate the evidence and arguments presented by both the State and the Defense. After hearing from civilian eyewitnesses and expert witnesses, and deliberating for over fifteen hours, they reached the unanimous decision that Daniel Perry did not kill Garrett Foster in self-defense and was guilty of murder beyond a reasonable doubt,” Garza wrote. “In our legal system, a jury that gets to decide whether a defendant is guilty or innocent – not the Governor.

Perry faces life in prison. Garza said there are safeguards in place to ensure errors were not made.

“Make no mistake, without intervention from the Governor, the defendant’s conviction would be reviewed by both state and federal courts who will examine the record to ensure that no legal errors were made at this level and that the evidence supported the conviction. Our constitution has built in protections to ensure that no defendant is convicted when the law or evidence does not support it, and this is a central tenant of our legal system,” he wrote.

Perry’s attorneys argued that the shooting was self-defense as Foster approached Perry’s car with an AK-47 rifle. Prosecutors said Perry could have driven away before firing his revolver and witnesses testified that Foster never raised his rifle at Perry.

Perry, who was charged in 2021, was stationed at Ft. Hood about 70 miles north of Austin in July 2020 when he was working for a ride-sharing company and turned onto a street and into a large crowd of demonstrators in downtown Austin.

In video streamed live on Facebook, a car can be heard honking before several shots ring out and protesters begin screaming and scattering.

When Foster was killed, demonstrators in Austin and beyond had been marching in the streets for weeks following the police killing of George Floyd.