Appeal Filed to Overturn Pardon in Black Lives Matter Protester’s Death in Texas Court

A request was made by a Texas prosecutor to the state’s highest criminal court on Tuesday to reverse a pardon granted by Gov. Greg Abbott to a former U.S. Army sergeant who was convicted of murder and sentenced to prison for fatally shooting a Black Lives Matter protester.

Travis County District Attorney Jose Garza, a Democrat whose office prosecuted the murder case, stated that he requested a special order, known as a writ of mandamus, from the state Court of Criminal Appeals to overturn Abbott’s action.

Garza, speaking at a news briefing in Austin, the state capital, claimed that Abbott, a Republican, violated the separation of powers doctrine of the state constitution and did not follow proper legal procedures in granting a pardon to Daniel Perry last month.

No immediate response was received from Abbott’s office in regard to Garza’s request.

Perry, who was convicted last year, was sentenced to 25 years in prison for the fatal shooting of Garrett Foster, a U.S. Air Force veteran, in July 2020 during a protest against racial injustice following the killing of George Floyd by police in Minneapolis a few months earlier.

Foster, 28, was white, as was Perry.

Perry, who was 37 at the time, claimed he acted in self-defense and shot Foster because Foster was wielding an AK-47 rifle. The trial provided conflicting testimonies on whether Foster aimed his rifle at Perry.

Prosecutors argued that Foster, who was legally armed, approached Perry’s car to protect his fellow protesters, fearing that Perry might harm them with his vehicle.

The jury ruled against Perry, whose case gained attention from political conservatives.

In line with the recommendation of the state’s pardons board, Abbott granted a full pardon to Perry on May 16, citing the state’s “Stand Your Ground” self-defense laws, which are among the strongest in the U.S.

Garza stated on Tuesday that the board and Abbott prioritized their political beliefs over justice and disrespected the legal system.

The district attorney argued that Abbott overstepped his authority by intervening in the murder case before allowing the appeals process to run its course, thus preventing the judiciary from carrying out its duties.

Besides the separation-of-powers issue, Garza informed the press that the board and governor failed to adhere to the pardon eligibility criteria established by law, stating, “They did not even come close to meeting those standards in this case.”

Appearing alongside Garza, Foster’s mother, Shiela Foster, promised that her family would continue to fight until they achieve justice for Garrett.

Garza submitted his writ request a week after the attorneys general of 13 U.S. states and the District of Columbia, all Democrats, urged the U.S. Justice Department to initiate a federal civil rights investigation into Foster’s killing.