An Army sergeant convicted of murder for shooting a protester during a Black Lives Matter march in Austin is set to be sentenced on Tuesday.
Sergeant Daniel Perry was convicted on April 7 of killing 28-year-old Garrett Foster at a protest on July 25, 2020. He was denied a new trial last Wednesday by District Judge Clifford Brown after a brief hearing.
“I think the record will speak for itself,” said Brown, per The Houston Chronicle. “The court is denying your motion for a new trial in totality.”
Perry’s attorneys argued that a juror had conducted research during the trial — potentially influencing the verdict — and that the judge had unfairly excluded evidence that would have been favorable to their client.
On the day of the killing, Perry was working as a ride-share driver and had just dropped off a customer when he turned onto a street occupied by protesters.
Perry’s defense team claimed that the protester was carrying an AK-47 rifle in a threatening manner, which gave Perry the right to shoot him under Texas self-defense laws. However, prosecutors argued that Perry provoked the confrontation when he drove toward the group of peaceful protesters, meaning that he lost his right to self-defense. Both men were carrying their weapons legally at the time of the incident.
Perry potentially faces life in prison.
His case became well-known after Texas Governor Greg Abbott announced in a tweet his intention to pardon him after the jury finished deliberating.
The Texas Board of Pardons and Paroles is reviewing Perry’s case to decide whether to recommend a pardon. Should the board recommend a pardon, Governor Abbott is tasked with approving or denying the recommendation.
The process of the Texas Board of Pardons and Paroles is not public, and it is unclear when the board will reach a decision on Perry’s case. All six members of the board are appointed by Abbott.
Travis County District Attorney José Garza released a statement saying that his office is looking forward to the sentencing and getting Foster’s family closure.
“Our office continues to stand by the jury’s unanimous decision to convict Daniel Perry for the murder of Garrett Foster,” said Garza, per KUT. “We look forward to Mr. Perry’s sentencing on Tuesday so that the family of Mr. Foster may continue to heal.”