Texas Gov. Greg Abbott (R) is calling for Army Sgt. Daniel Perry to be pardoned, hours after he was found guilty of shooting and killing a man during a Black Lives Matter protest.
Garrett Foster and his fiancée Whitney were part of a Black Lives Matter protest in Austin in July 2020 when the fatal encounter occurred.
Perry was driving for Uber that night when he entered the intersection. Both men were armed. Perry fatally shot Foster. Perry’s attorneys argued in court it was self-defense. The jury disagreed and on Friday, April 7, they found him guilty of murder.
“I was relieved to get that verdict and it’s a bittersweet feeling obviously,” Whitney told NBC 5. “The whole trial has brought back so many things.”
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Less than 24 hours after the verdict, Abbott posted on Twitter on Saturday afternoon that he had ordered the pardons and parole board to expedite a pardon recommendation to this office, citing the state’s “Stand Your Ground” law.
“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,” Abbott tweeted. "I look forward to approving the Board's pardon recommendation as soon as it hits my desk."
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“It’s just disgusting,” said Whitney in response. “It’s not fair and it’s just wrong. It’s just wrong.”
NBC 5 spoke to two local attorneys not connected to the case. Both called Abbott’s move highly unusual.
“I do not recall another instance of this ever happening,” said former Dallas County prosecutor and criminal defense attorney Russell Wilson.
Under state law, Abbott has the power to pardon someone convicted of murder if a majority of Texas Board of Pardons and Paroles members recommend it. The seven board members are appointed by the governor.
Joe Padian is a criminal defense attorney and said while there is a standard process to follow, the board sets its own guidelines.
“The board has a great deal of discretion in what they review and the basis on which they make a decision,” Padian said, adding the board can review other factors not presented in a trial.
“I would hope that if a decision is made, regardless of what the governor’s statements have been, it’s based on everything that was observed by the jury in the evidence in the case and not based on political motives,” Padian said.
Wilson said the move by the governor can undermine the legal process.
“Obviously there are many criminal cases decided where one side or another has a different opinion regarding the results for the case, but the system that we are invested in works when we put confidence in the jury trial system,” Wilson said. “When we start giving exceptions when we don’t like the outcome it sends a message of favoritism or bias.”
For Foster’s loved ones the latest move by Abbott is another unwelcome chapter in grieving the loss of the man she loved.
“It’s horrifying and I don’t understand it,” said Whitney. “We’ve just gone through too much to get here to have that happen.”
