Daniel Perry, who was previously convicted of murder in the tragic death of Garrett Foster but later received a pardon from the governor, finds himself once again facing legal proceedings. This time, he is being brought to court on a charge of deadly conduct.
A case concerning a Texas man who was pardoned by the governor earlier this year is being heard again in a Travis County courtroom on Tuesday.
Earlier this year, Governor Greg Abbott granted a pardon to Daniel Perry. Perry had previously been convicted of murder for fatally shooting Garrett Foster during a Black Lives Matter protest in 2020. However, despite receiving a pardon, Perry still faced legal challenges.
Perry is being charged with deadly conduct due to his actions during the shooting incident. According to Texas law, a deadly conduct charge is applied when an individual knowingly fires a gun at an individual or a structure. In Perry’s case, he is facing a misdemeanor charge for his actions that occurred prior to the shooting.
If Perry is found guilty of the deadly conduct charge, he could face a maximum sentence of one year in prison. It is worth noting that Perry has already served a little over a year in prison before being pardoned, so the judge may factor that time served into their decision.
On July 25, 2020, while working as a rideshare driver, Perry accidentally drove onto a street where a group of people were protesting police brutality. This unexpected turn of events resulted in a confrontation between Perry and Garrett Foster.
According to Perry’s lawyers, he was surrounded by demonstrators after dropping off a rideshare customer in Downtown Austin. Perry’s car was allegedly beaten by some of the demonstrators, including Foster, who was holding a rifle.
According to Perry’s lawyers, Foster supposedly raised the weapon, which led Perry to shoot him. Following the incident, Perry immediately contacted 911, unfortunately, Foster did not survive.
In July 2021, Perry was indicted by a grand jury on charges of murder, deadly conduct, and aggravated assault after a thorough examination of the evidence.
Numerous witnesses provided testimony during the murder trial, shedding light on Perry’s demeanor during the altercation with Foster and his behavior after the shooting. They also discussed the atmosphere among the protesters and Foster’s handling of his gun. Testifying were various individuals, including fellow protesters, a citizen journalist, crime scene specialists, a gun examiner, and the medical examiner responsible for conducting Foster’s autopsy.
Prosecutors presented videos, photos, and social media posts to the jury as evidence supporting their assertion that Perry had previously made threats against protesters.
In April 2023, Perry was found guilty of murder in connection with Foster’s death by the jury. Following this, Governor Abbott requested the Texas Board of Pardons and Paroles to review the case. At the same time, Perry’s defense team filed a motion for a new trial, which was subsequently denied.
In May 2023, Perry received a 25-year prison sentence. In February of this year, the Board of Pardons and Paroles initiated a review of Perry’s case for clemency. Subsequently, Abbott granted Perry a pardon, which led attorneys general from other states to request an investigation by the U.S. Department of Justice.
Travis County District Attorney José Garza filed a petition in June 2024 to reverse Perry’s pardon. However, the Texas Court of Criminal Appeals rejected the petition.
