AUSTIN, Texas — The families of Daniel Perry and Garrett Foster are on pins and needles right now as the Texas Board of Pardons and Paroles is investigating the murder trial of Foster after Gov. Greg Abbott requested a pardon for Perry shortly after he was convicted of murdering the Black Lives Matter protester.
Meanwhile, Travis County District Court is expected to announce the new date of Perry’s sentencing this week after the Tuesday morning hearing was canceled.
Perry’s defense on Tuesday filed a motion for a new trial, sighting exclusion of evidence and claims the “jury was subject to outside influence.”
Travis County District Attorney José Garza requested a meeting with the Texas Board of Pardons and Paroles Tuesday.
This is all unfolding within days of Friday’s verdict and Abbott’s announcement requesting a pardon Saturday. Since then, Spectrum News spoke with Foster’s family and the district attorney, who are all shocked by the governor’s actions.
“We the jury find the defendant guilty of murder.”
Not even 24 hours after a jury read that verdict in court Friday, Abbott tweeted a request to pardon Perry.
Both families says there are no winners in this trial, but Foster’s family finally had a small piece of closure and then it was gone.
“This has man has devastated two families, and it makes no sense for him to be able to walk away from that,” Patricia Kirven said.
Kirven is the mother of Garrett Foster’s fiancé, Whitney Mitchell.
Her daughter was with Foster when Uber driver Perry drove into a crowd of marchers and fatally shot Foster, who was holding an AK-47 during a Black Lives Matter Protest the summer of 2020 in downtown Austin.
“Every time I think she’s going to be able to take a step forward, she’s getting pushed back,” Kirven said.
In a Zoom interview, Kirven told Spectrum News the governor’s request to pardon Perry is based on politics and rhetoric, not facts.
“You either are for Second Amendment for everyone, or no one at all,” she said. “It’s just like they’re picking and choosing who they think that [open carry] should apply to.”
Garrett Foster’s mom, Sheila Foster, described the governor’s actions as ripping the rug out from under her. She couldn’t believe it.
“All of a sudden all this hate is being poured out on our family again, and all these lies are being spread about my son again, Foster said. “It’s like going back to day one.”
Attorney Quentin Brogdon said the governor was premature to discuss a pardon before the judicial process has played out.
“It puts the rule of law in jeopardy, and that’s a bedrock fundamental right that we all have and we need to fight to protect,” Brogdon said.
Spectrum News reached out to Gov. Abbott, the Texas Board of Pardons and Paroles, Perry’s family and his defense attorneys; they all declined our request for an interview.
In a statement, Daniel Perry’s defense said:
“The focus of the defense team is on the upcoming sentencing hearing and marshaling evidence related to Sgt. Perry’s character and his service to our country as a member of our military for the past 12 years. Daniel was most crushed that his conviction will end his Army service. He loved being a soldier for our country. The pardon process, however, is outside our control and we have not been involved in that process.”
District Attorney José Garza told us the governor’s request to pardon is unprecedented. Spectrum News sat down with Garza shortly after he requested to speak directly to the Board of Pardons and Paroles.
“This intrusion really is a threat to our rule of law,” he said.
We looked at the Texas Board of Pardons and Paroles statistics and found no recommendations to pardon a convicted murderer, especially one who hasn’t been sentenced yet.
In fact, looking through past pardons on the governor’s website, we found no evidence he has ever requested a pardon.
From the documents were reviewed, Abbott has only granted pardons the board has recommended, which is a small percentage and normally for minor offenses.
“This is about a series of ongoing attacks on our democracy, and specifically on our democracy right here in Travis County,” Garza said.
In addition to Perry’s defense filing a motion for a new trial, they also have the right to appeal the guilty verdict.
Foster’s family has no legal recourse. Their closure now lies in the hands of the seven board members of the BPP, all of whom Gov. Abbott appointed.
“My son was such a bright signing light in this dark world and the thing that he was best at was love; he loved people,” Foster said. “A jury found the guy guilty and to look at all the evidence, I believe anybody would.”
Spectrum News is waiting on our public information requests from the BPP.
In response to our questions, a spokesperson sent us this statement:
“Chairman Gutierrez, the Presiding Officer of the Texas Board of Pardons and Paroles has received a request from Governor Abbott asking for an expedited investigation, along with a recommendation as to a pardon for U.S. Army Sergeant Daniel Perry. The board will be commencing that investigation immediately. Upon completion, the board will report to the governor on the investigation and make recommendations to the governor.”