Austin DA Says Texas Gov. Abbott Wants to Pardon Army Sergeant Convicted of Murder ‘Very Disturbing’

Travis County District Attorney Jose Garza fired back at Texas Gov. Greg Abbott over the weekend, saying the governor is “very concerned.” He wants to forgive Sgt. Daniel Perry In the year During the 2020 Black Lives Matter protests, he was charged with murder.

Perry was found guilty on Friday of killing Air Force veteran Garrett Foster, who was carrying an AK-47 during a protest. In downtown Austin In the year In July 2020, Perry’s attorneys argued that Foster acted in self-defense after picking up the gun, while prosecutors alleged that Perry instigated the shooting.

“In this case, twelve jurors spent nearly two weeks hearing testimony, painstakingly evaluating the evidence and arguments presented by the government and the defense, hearing civilian witnesses and expert witnesses, and deliberating over fifteen. Within hours, Daniel Perry found that Garrett Foster did not kill Garrett Foster in self-defense and They found him guilty beyond a reasonable doubt of murder, Garza said in a statement on Sunday.

“In our legal system… it is the jury – not the governor – who decides whether the accused is guilty or innocent.”

Sgt. Daniel Perry was found guilty of shooting and killing Black Lives Matter protesters in downtown Austin on July 25, 2020. (Sgt. Daniel Perry)

Garza’s statement came after the government criticized Abbott’s conviction and earlier asked the Board of Pardons and Pardons to review Perry’s case and decide whether to grant him a pardon.

“Texas has one. “I look forward to approving the board’s clemency proposal as soon as it arrives at my desk,” Abbott said in a statement Saturday.

“She felt a certain sense of justice and relief when the jury handed down the verdict,” Foster’s fiancée, Whitney Mitchell, told the Austin American-Statesman.

“But after the governor announced that there are two systems of law in Texas, he immediately took that away: one for those with power like Mr. Perry and one for everyone else,” Mitchell told a local newspaper. “I hope the governor never says he stands up for the rights of the victims again.”

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Perry was working as an Uber driver on July 25, 2020, when he encountered a large Black Lives Matter demonstration in downtown Austin. He told the police. A group of opponents He surrounded the vehicle and that prompted Foster to pull out an AK-47 and fire the submachine gun in self-defense.

Perry drove away from the scene and called the police before being released that night. A year later in July 2021, a jury convicted Perry of murder and aggravated assault with a deadly weapon.

This undated photo provided by the Austin Police Department shows U.S. Army Sergeant Daniel Perry, who was charged this week in the shooting death of a protester three years ago. (Austin Police Department via AP, file)

Detective David Fugit, who retired after three decades with Austin police, interviewed Perry the night of the shooting and was the lead investigator on the case. After a grand jury indicted Perry for murder, Fugit said Oath Garza’s office forced him to withdraw evidence from his testimony to the grand jury.

“It has become clear to me that the District Attorney’s Office does not want to present evidence to the Grand Jury to show Daniel Perry’s rebuttal and/or inconsistent witness statements received by Garrett Foster’s family and/or their attorneys. Such ‘witnesses’, along with previous interviews, have been released to the police and/or by request. They provided video of the incident inside,” Fugitt wrote in an affidavit, which was later dismissed by a judge.

Fugit was called to the witness stand this week by Perry’s defense team and testified that he did not arrest Perry the night of the shooting because he thought there was a legitimate argument to be made in self-defense.

Garrett Foster, left, was shot and killed during a Black Lives Matter protest in downtown Austin with an AK-47. (KTBC)

He also said in court that there was no evidence that Perry sped into the crowd, and that Foster’s gunshot wounds were a tactical stance as he approached Perry’s door, Fox 7 Austin reported.

Gofundme took down the page that supported the armed Black Lives Matter protestors.

Prosecutors keyed in Perry’s past messages and social media posts before the shooting to show his state of mind. On May 31, 2020, two months before the shooting, Perry texted, “On my way to work I killed a few people and they’re rioting outside my apartment complex.” Other messages included “I might go to Dallas to shoot some thugs” and “I’ll just shoot the ones in front and put the pedal to the metal.” Fox 7 Austin.

Perry faces up to life in prison when he is sentenced. Garza said Sunday that the judge “can examine and evaluate additional evidence” during the sentencing hearing.

District Attorney Jose Garza in Austin, TX on Thursday, November 18, 2021. (Spencer Selvidge for The Washington Post via Getty Images)

Abbott said, “Because the law enforcement district attorneys are a priority, the Texas Legislature is working to achieve that goal.” Texas Attorney General Ken Paxton also criticized Garza after the conviction.

“This week has shown us how crooked prosecutors have rigged the justice system,” Paxton said. “They must stop!”

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Garza, who is backed by funding from left-wing billionaire George Soros, was first elected in 2020 and is due to be re-elected next year, condemned by what critics say are soft-on-crime policies.

An investigation by a local news network KVUE In the year In 2021, Garza’s office confirmed that he had dismissed dozens of felony charges, including aggravated robbery and assault on a pregnant woman.

Fox News Digital’s Kyle Morris and Andrew Mark Miller contributed to this report.