A judge sentenced Daniel Perry to 25 years for murdering an armed Black Lives Matter protester in Austin. This decision comes after Texas Gov. Greg Abbott announced he planned to pardon Perry.
The judge cited the "devastating impact" of the killing and rarely gave remarks during sentencing but felt "obliged" to do so in this case.
Daniel Perry Sentenced to 25 Years
Per Houston Chronicle, the judge said, "The hard work, the service, and the sacrifice of this jury deserve our honor, and it deserves to be respected." This was a veiled criticism of Abbott's threat to issue a pardon.
Perry, a 36-year-old Army sergeant, showed no reaction. His attorneys said he was "devastated" and planned to appeal within 30 days. The sentence adds to tensions between Governor Abbott and Travis County District Attorney José Garza.
Garza's office indicted Perry even though police declined to arrest or charge him. Garza also indicted over a dozen officers for using excessive force on protesters. Courts often take months or years for decisions. But Abbott's promise of a pardon complicates Perry's fate. Abbott can only pardon Perry with a board's recommendation.
Abbott appoints all board members and can fire them. The board vowed to investigate Perry's case thoroughly. Perry was driving for Uber when he turned into protesters, including 28-year-old Garrett Foster carrying an AK-47. Perry rolled down his window. Seconds later, Perry used a revolver to shoot and kill Foster.
Perry's attorneys argued at trial that he fired his handgun multiple times in self-defense after Foster raised his rifle at him. However, witnesses said Foster was pushing his fiancée's wheelchair at the time of the shooting and never pointed his firearm at Perry.
Disturbing social media posts and messages also surfaced after his conviction, revealing Perry's intense dislike for BLM protesters in the months leading up to the confrontation. At a pre-sentencing hearing Tuesday, Perry's attorneys attributed the troubling comments to "military humor" taken out of context. Before handing down Perry's sentence on Wednesday, Judge Cliff Brown commended the jury in the divisive trial, NY Post reported.
Ex- Army Sergeant's BLM Protest Shooting Case
Brown did not address Abbott's promise to oversee a pardon for Perry. The state Board of Pardons and Paroles is reviewing the case, though it needs to be clarified how long that will take. Perry's attorney, Clinton Broden, also confirmed following the Wednesday proceedings that his client plans to appeal the conviction.
If granted a new trial, Perry's defense team already said it plans to show a brief video in which Foster admits that he carries an AK-47 rifle. Perry - who previously toured in Afghanistan and was stationed at Fort Hood - appeared disheveled in court on Wednesday, according to reports.
While he openly sobbed when his conviction was read four weeks ago, he remained expressionless when the judge handed down his lengthy sentence. Per CNN, Garrett's mother praised the sentence and the judge. "Finally, after three long years, we're finally getting justice for Garrett," said Sheila Foster.
The day before, Perry's defense team requested a 10-year sentence citing his lack of criminal record, psychological issues, and praise from military colleagues.
Prosecutors requested at least 25 years, highlighting racist social media posts Perry wrote before the shooting. They said his disorders showed he was a "loaded gun ready to go off." Prosecutors said Perry initiated the encounter by running a red light and driving into the protest crowd. The prosecutors said that Foster was legally carrying an assault-style rifle and approached Perry's car, at which point Perry fatally shot him.
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