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Murder of Garrett Foster

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Murder of Garrett Foster
LocationAustin, Texas, U.S.
DateJuly 25, 2020; 4 years ago (2020-07-25)
Attack type
Murder by shooting, vehicle-ramming attack
VictimGarrett Foster, aged 28
PerpetratorDaniel Perry
MotiveExtremist opposition to Black Lives Matter protests[1][2]
Verdict
ConvictionsMurder (pardoned)
Charges2023 trial: Pending trial:
Deadly conduct
Sentence25 years in prison (parole possible after 12+1⁄2 years; released after 1 year)[a]

On July 25, 2020, Garrett Foster, a 28-year-old man, was murdered in Austin, Texas, by 30-year old Daniel Perry. Perry had driven into a crowd of protesters during a Black Lives Matter protest following the May 2020 police murder of George Floyd in Minneapolis, Minnesota. Foster, who had been legally open carrying an AK-47, approached Perry's vehicle, and Perry shot and killed him. Perry claimed that he had acted in self-defense, but in April 2023, a jury found him guilty of murder. He was acquitted of an aggravated assault charge. On May 10, 2023, he was sentenced to 25 years in prison for murder.[3]

Perry had made numerous posts and direct messages on social media where he had expressed his desire to shoot protesters, which, along with contradictory statements to eyewitness accounts, brought into question his claim of self-defense. Following his murder conviction, messages Perry sent of him self-identifying as "a racist" and of him calling black protesters "monkeys" were revealed to the public.[2]

On May 16, 2024, Texas Governor Greg Abbott pardoned Perry after recommendation by the Texas Board of Pardons and Paroles.[4][5] The Governor had requested a pardon recommendation from the Board, and he had ordered them to expedite the process.[6][7]

Murder

On July 25, 2020, Daniel Perry, a then-30-year old United States Army sergeant, had been working his Uber shift when he encountered a protest against police brutality that was blocking the road. Perry originally stopped and honked his car horn at the protesters, but later ran a red light and drove his car into the crowd.[8] Garrett Foster, a 28-year old white[9] United States Air Force veteran who was legally open carrying an AK-47 walked up to Perry in an attempt to tell him to stop driving into the crowd.[10] After he walked up to Perry's vehicle, Perry shot and killed Foster. Perry claimed self-defense and claimed that Foster had pointed his weapon at him, but eyewitnesses contradicted this account.[11][12]

When Perry was interviewed by police about what happened before the shooting and how Foster held his gun, Perry said: "I believe he was going to aim it at me … I didn't want to give him a chance to aim at me, you know."[13][14]

Trial and conviction

Trial

In July 2021, nearly a year after the killing, a Travis County grand jury indicted Perry on charges of murder and aggravated assault. Perry turned himself in and was shortly released from jail on a $300,000 bond.[15]

Perry's trial for the murder of Foster took place at the end of March 2023 to the beginning of April 2023, nearly three years after the incident. The prosecution argued that since Foster had been exercising his right to open carry, there was no justification for Perry shooting him. The prosecution revealed that Perry had made multiple posts and direct messages on social media expressing his desire to shoot Black Lives Matter protesters, writing in messages, "I might have to kill a few people on my way to work, they are rioting outside my apartment complex," and "I might go to Dallas to shoot looters." A friend of Perry's responded to him warning him of instigating protesters, stating, "We went through the same training ... Shooting after creating an event where you have to shoot, is not a good shoot." Perry had expressed his support for violence against protesters on at least three social media posts, suggesting in one post to "shoot center of mass" because "it is a bigger target", and in another stated, "Send [protesters] to Texas we will show them why we say you don’t mess with Texas."[1][16][17]

Perry had also stated that someone could shoot protesters and get away with it by claiming self-defense. Perry's defense claimed that Texas's stand-your-ground law protected him legally and that he had feared for his life, after the defense alleged that Foster had pointed his weapon at Perry. The prosecution contended that there was no evidence that Foster had pointed his weapon, and other eyewitnesses contradicted this account by the defense. The prosecution also focused on the fact that Foster's weapon was recovered with its safety on and no cartridge in the chamber, so it would not have made sense for him to point his weapon.[16] Jurors were shown footage of Perry's police interrogation, where he said regarding Foster and how Foster held his weapon: "I believe he was going to aim it at me … I didn’t want to give him a chance to aim at me".[13][14] Perry's defense stated that his autism influenced his decision to kill Foster.[18]

On April 7, 2023, after a week of deliberations, the jury found Perry guilty of murder, but not guilty of aggravated assault, with friends and family of Perry breaking down in tears as the guilty verdict was read. Foster's father stated, "We're happy with the verdict. We're very sorry for [Perry's] family as well. There's no winners in this. Just glad it's over." Perry faced between 5 years to life in prison.[19][20]

On April 13, 2023, a state district judge unsealed court records that revealed more anti-protester social media posts, racist messages, and sexually predatory online advances made by Perry that the jury did not see or hear. Among these included Perry declaring "I am a racist," and comparing the Black Lives Matter movement to "monkeys" multiple times, and also as "animals at the zoo".[2] He also stated in a text, "To [sic] bad we can't get paid for hunting Muslims in Europe."[21] Soon after murdering Foster, Perry searched for "degrees of murder charges".[22] Evidence was also revealed from when Perry's phone was seized, where Perry searched on the Safari web browser "good chats to meet young girls on Kik", an app infamously known for hosting grooming, and had talked sexually with a 16-year-old girl on the app.[23][22][21]

On May 3, 2023, Perry's request for a new trial was denied.[24] On May 10, 2023, he was sentenced to 25 years in prison.[3] He would have been eligible for parole in 12+1⁄2 years. If he served his full sentence, he would have been released in mid-2048.[25]

Pardon

Following Perry's conviction, conservative commentators and politicians urged Texas Governor Greg Abbott to pardon Perry, supporting Perry's self-defense claim. These calls for a pardon included Texas U.S. Representative Ronny Jackson.[26] Abbott directed the Texas Board of Pardons and Paroles to consider a pardon for Perry on an expedited basis; he said, "I look forward to approving the Board’s pardon recommendation as soon as it hits my desk."[27] Under the Texas Constitution, the governor does not have the sole delegated authority to pardon. The governor may only issue a pardon after the recommendation of the Board of Pardons and Paroles.[28]

On May 16, 2024, after Perry had served about one year and one month in prison, Governor Greg Abbott pardoned Perry while stating that "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."[4] The full pardon restored all of Perry's Civil Rights of Citizenship, including the right to own guns.[5] Perry was released from prison on the same day as his pardon.[29]

In June 2024, Travis County District Attorney José Garza indicated his office would file a writ of mandamus with the Texas Court of Criminal Appeals seeking to reverse the pardon, which he deems to be unlawful. Abbott responded on X saying it was within his constitutional authority to grant the pardon.[30][31] The Texas Court of Criminal Appeals dismissed Garza's writ of mandamus three weeks later. The nine judges did not provide an explanation. [32]

Perry still faces a misdemeanor deadly conduct charge, which carries a maximum punishment of one year in jail.[33]

Reactions

Perry's pardon received mixed reactions among prominent Texas political figures. Texas Attorney General Ken Paxton, Republican U.S. House Representative Chip Roy, and Texas GOP Chairman Matt Rinaldi expressed support for the pardon, while Democratic figures, including Beto O'Rourke, Texas House Representative Ron Reynolds, Texas Democratic Party Chairman Gilberto Hinojosa[34] and U.S. Representative Colin Allred[35] opposed it. Travis County District Attorney José Garza said the decision was a "mockery of our legal system" and that the "Board and the Governor have put their politics over justice."[36]

Foster's fiancée, Whitney Mitchell, said she was "heartbroken by this lawlessness," and that Abbott has shown that "only certain lives matter." She said in a full statement, "[Abbott] has made us all less safe. Daniel Perry texted his friends about plans to murder a protestor he disagreed with. After a lengthy trial, with an abundance of evidence, 12 impartial Texans determined he that he carried out that plan, and murdered the love of my life."[18]

New York Attorney General Letitia James sent a letter, signed by 13 other Democratic attorney generals, to U.S. Attorney General Merrick Garland calling for the U.S. Department of Justice to open a civil rights investigation into Perry.[37]

Notes

  1. ^ Perry was released from prison on May 16, 2024 following his pardon. He had served one year and one month at the time of his pardon.

References

  1. ^ a b Goforth, Claire (31 July 2020). "Man who killed Austin BLM protester allegedly tweeted about shooting protesters". The Daily Dot. Archived from the original on 9 April 2023. Retrieved 9 April 2023.
  2. ^ a b c Plohetski, Tony; Osborn, Claire. "'I am a racist': Daniel Perry's social media posts reveal racist comments, anti-protester views". Austin American-Statesman. Archived from the original on 2023-05-09. Retrieved 2023-05-09.
  3. ^ a b Levenson, Eric; Kafanov, Lucy; Salahieh, Nouran (May 10, 2023). "Army sergeant who killed a Black Lives Matter protester in Texas sentenced to 25 years in prison". CNN. Archived from the original on May 10, 2023. Retrieved May 10, 2023.
  4. ^ a b "Governor Abbott Pardons Daniel Perry Following Board Recommendation". gov.texas.gov. Archived from the original on 2024-05-16. Retrieved 2024-05-16.
  5. ^ a b DuPree, Will (16 May 2024). "Gov. Abbott pardons Daniel Perry after he shot, killed protester in 2020". KXAN Austin. Archived from the original on 16 May 2024. Retrieved 16 May 2024.
  6. ^ "Abbott calls for pardon of Daniel Perry after guilty murder verdict". April 8, 2023.
  7. ^ "Pardon under review for man convicted of killing protester in downtown Austin". February 15, 2024.
  8. ^ "Daniel Perry convicted of murder in fatal shooting at Black Lives Matter protest". 7 April 2023. Archived from the original on 2023-04-08. Retrieved 2023-04-11.
  9. ^ Wendling, Mike (May 16, 2024). "Daniel Perry: Texas pardons US soldier who shot Black Lives Matter protester". BBC.com.
  10. ^ Davis, Zuri (27 July 2020). "The Libertarian Party Mourns Garrett Foster, Activist Killed at a Black Lives Matter Protest". Reason. Archived from the original on 9 April 2023. Retrieved 9 April 2023.
  11. ^ Melhado, William (2023-04-08). "U.S. Army sergeant found guilty of murder in 2020 shooting of Austin protester Garrett Foster". The Texas Tribune. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  12. ^ "Travis County jury finds Daniel Perry guilty of murder". kvue.com. April 7, 2023. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  13. ^ a b Taylor, Jessica (April 4, 2023). "Trial continues for Daniel Perry, over Black Lives Matter protest deadly shooting in 2020". KEYE-TV. Archived from the original on April 9, 2023. Retrieved April 9, 2023.
  14. ^ a b Ruiz, Amanda (April 3, 2023). "Daniel Perry's police interview after Garrett Foster's death revealed to jury". Fox 7 Austin. Archived from the original on April 10, 2023. Retrieved April 10, 2023.
  15. ^ Oxner, Reese (2021-07-01). "Army sergeant indicted on murder and aggravated assault charges after fatally shooting Austin protester Garrett Foster in 2020". The Texas Tribune. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  16. ^ a b Marks, Andrea (2023-04-07). "U.S. Army Sgt. Guilty in Murder of BLM Protester". Rolling Stone. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  17. ^ Bingamon, Brant (April 7, 2023). ""Might Have to Kill a Few People"". The Austin Chronicle. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  18. ^ a b Tucker, Emma; Lavandera, Ed; Killough, Ashley (16 May 2024). "Former US Army sergeant released from prison after Gov. Abbott pardons him for 2020 fatal Black Lives Matter protest shooting". CNN. Archived from the original on 17 May 2024. Retrieved 18 May 2024.
  19. ^ Donlevy, Katherine (2023-04-08). "Daniel Perry convicted of killing BLM protester Garrett Foster". Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  20. ^ Russ, Julianna; Washington, Jala; Stark, Sam (2023-04-07). "Daniel Perry found guilty of murder in protester's death". Austin, Texas: KXAN-TV. Archived from the original on 2023-04-11. Retrieved 2023-04-14.
  21. ^ a b Hodge, Rae (22 April 2023). "Convicted murderer Greg Abbott wants to pardon sought "chats to meet young girls"". Salon.com. Archived from the original on 11 May 2024. Retrieved 16 May 2024.
  22. ^ a b Taylor, Jessica. "'Might have to kill a few people': Documents in Daniel Perry case reveal violent comments". CBS Austin. Archived from the original on 2024-05-16. Retrieved 2024-05-16.
  23. ^ "Court filing in Daniel Perry case". Archived from the original on 2024-05-16. Retrieved 2024-05-16.
  24. ^ Osborn, Claire. "Judge rejects motion for new trial for Daniel Perry; murder sentencing set for Tuesday". Austin American-Statesman. Archived from the original on 2023-05-16. Retrieved 2023-05-09.
  25. ^ "A Guide To Parole In Texas Criminal Cases - Shouse Law". Shouse California Law Group. 11 June 2020. Archived from the original on 12 May 2023. Retrieved 12 May 2023.
  26. ^ Lewis, Kaitlin (2023-04-08). "Texas governor faces Republican pressure over Daniel Perry's conviction". Newsweek. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  27. ^ Melhado, William (8 April 2023). "Gov. Greg Abbott backs call for pardon for Daniel Perry, who killed Austin protester in 2020". The Texas Tribune. Archived from the original on 10 April 2023. Retrieved 10 April 2023.
  28. ^ Hurley, Bevan (9 April 2023). "Greg Abbott says he will pardon Army sergeant who killed protester in 2020". The Independent. Archived from the original on 9 April 2023. Retrieved 10 April 2023.
  29. ^ Shen, Angela (17 May 2024). "Daniel Perry's attorney, victim's mother speak out after full pardon". FOX 7 Austin. Retrieved 17 May 2024.
  30. ^ "Travis County DA asking higher court to reverse 'unlawful' Daniel Perry pardon". KXAN Austin. 4 June 2024. Retrieved 8 June 2024.
  31. ^ Melhado, William (5 June 2024). "Travis County DA wants to overturn Abbott's pardon of convicted murderer". The Texas Tribune. Retrieved 8 June 2024.
  32. ^ Seipp, Skye (June 27, 2025). "Travis County DA's request to undo Abbott's pardon of Daniel Perry denied by state court". Austin American-Statesman. Retrieved June 27, 2024.
  33. ^ Aldis, Meredith (20 May 2024). "Daniel Perry still faces misdemeanor deadly conduct charge after full pardon". FOX 7 Austin. Retrieved 21 May 2024.
  34. ^ Moritz, Bianca Moreno-Paz and John C. "Mixed reactions on X to Gov. Abbott's pardon of Daniel Perry: 'Excellent,' 'all-time low'". Austin American-Statesman. Retrieved 18 May 2024.
  35. ^ "Texas Rep. Allred: Gov. Abbott's pardon of man who killed BLM protestor makes everyone less safe". MSNBC. Retrieved 2 June 2024.
  36. ^ Johns, Kasey (16 May 2024). "Central Texas reaction to full pardon for Daniel Perry in death of protester in downtown Austin". www.audacy.com. Retrieved 18 May 2024.
  37. ^ Seipp, Skye. "14 Democratic state AGs call for federal probe into Daniel Perry killing of BLM protester". Austin American-Statesman. Retrieved 8 June 2024.
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