AUSTIN, Texas — Gov. Greg Abbott said he has requested the Texas Board of Pardons and Paroles review the case of a man found guilty of murder on Friday.
After testimony from dozens of witnesses, a Travis County jury found Daniel Perry guilty of murder after he shot and killed protester Garrett Foster in July 2020. The jury found Perry not guilty of aggravated assault, the other charge he faced.
Perry claimed he shot Foster in self-defense after he encountered a group of demonstrators while he was working as a rideshare driver in Downtown Austin.
In a statement on Saturday, Abbott seemed to back Perry’s claim of self-defense in the incident.
“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 said. “Unlike the President or some other states, the Texas Constitution limits the Governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles. Texas law DOES allow the Governor to request the Board of Pardons and Paroles to determine if a person should be granted a pardon. I have made that request and instructed the Board to expedite its review.”
Abbott said should the board recommend a pardon in the case, he would approve it “as soon as it hits my desk.”
“Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal,” he said.
KVUE has reached out to Abbott, a former attorney general, for additional comment on how he reached this decision. The trial was not broadcast, and Abbott attended no portion of the two-week trial that included about 40 witnesses.
On Sunday, Travis County District Attorney José Garza responded to Abbott's move to pardon Perry, saying, "A jury gets to decide whether a defendant is guilty or innocent – not the governor."
Garza's full statement is below:
"In a state that believes in upholding the importance of the rule of law, the Governor's statement that he will intervene in the legal proceedings surrounding the death of Garrett Foster is deeply troubling.
"In this case, a jury of twelve listened to testimony for nearly two weeks, upending their lives to painstakingly evaluate the evidence and arguments presented by both the State and the Defense. After hearing from civilian eyewitnesses and expert witnesses, and deliberating for over fifteen hours, they reached the unanimous decision that Daniel Perry did not kill Garrett Foster in self-defense and was guilty of murder beyond a reasonable doubt. I thank them for their service and want them to know that their service and the service of every juror matters. In our legal system, a jury gets to decide whether a defendant is guilty or innocent - not the Governor.
"Make no mistake, without intervention from the Governor, the defendant's conviction would be reviewed by both state and federal courts who will examine the record to ensure that no legal errors were made at this level and that the evidence supported the conviction. Our constitution has built in protections to ensure that no defendant is convicted when the law or evidence does not support it, and this is a central tenant of our legal system.
"I want to thank the Foster family. I want them to know that the Travis County District Attorney's office will continue to fight for a justice system that treats everyone equally, including Garrett Foster.
"I know how long they have waited for justice for Garrett and their family. I can imagine that justice must feel so elusive for them and right now, and for that, I am more sorry than words can express.
"The proceedings in the case of the State of Texas v. Perry are not yet concluded. Tomorrow morning, Criminal District Judge Clifford Brown will set a date for the sentencing hearing. At that the sentencing hearing, the Judge will be able to consider and evaluate additional evidence before sentencing Mr. Perry for the crime he committed.
"As this process continues, the Travis County District Attorney's office will continue to fight to uphold the rule of law and to hold accountable people who commit acts of gun violence in our community."
On July 25, 2020, Perry was working as a rideshare driver when he took a turn onto a street where a group of people was protesting police brutality. That wrong turn led to a clash between Perry and Foster.
According to Perry's lawyer, Perry dropped off a rideshare customer in Downtown Austin and was then surrounded by demonstrators. Some of them allegedly beat on Perry's car – including Foster.
Foster and his fiancée had attended previous demonstrations. At the one on July 25, Foster was holding a rifle.
Perry claims Foster raised his weapon, prompting Perry to shoot him. Perry called 911, but Foster did not survive.
Perry said he acted in self-defense and turned himself into authorities after the shooting. Since then, he had been out on bond.
In July 2021, after reviewing evidence, a grand jury indicted Perry with murder, deadly conduct and aggravated assault.
During the trial, the State shared social media posts to back up its claim that Perry had threatened protesters in the past.
KVUE spoke with Garrett Foster's father, Stephen Foster, after the verdict.
"We're happy with the verdict. We're very sorry for his family as well. There's no winners in this. Just glad it's over," Stephen said.
After the verdict was read, Foster's partner, Whitney Mitchell, and several of Foster's friends broke down in tears. Perry also lost his composure shortly thereafter.
Perry was immediately handcuffed and taken into custody by deputies.
On Sunday, after the news of a potential pardon from the governor, Mitchell released a statement, saying, "I felt some sense of justice and relief … The governor has immediately taken that away since he announced there are two legal systems in Texas: one for those with power, like Mr. Perry, and one for everyone else."
