Texas Gov. Greg Abbott’s pardon of a former Army sergeant who fatally shot a Black Lives Matter demonstrator has been criticized by a prosecutor as undermining the state’s legal system and constitution. The prosecutor called for the pardon to be reversed, stating that it was a mockery of justice and prioritized politics over fairness.
Travis County District Attorney José Garza announced that he is filing a request with the Court of Criminal Appeals to review the pardon issued by the Republican governor. He emphasized the need to seek justice through the legal process during a news conference in Austin.
The incident involved Daniel Perry, who shot and killed Garrett Foster during a protest in downtown Austin in July 2020. Perry was convicted and sentenced to 25 years in prison in May 2023, but was quickly pardoned by Abbott last month, leading to his release from prison.
Garza criticized the quick pardon, stating that it bypassed an established appeals process and violated the state’s constitutional separation of powers. Abbott’s office has not responded to requests for comment.
Garza highlighted the uniqueness of the case in state history, pointing to the rapid request for a pardon and its approval, as well as his appeal to the court for intervention.
Despite Perry’s legal team defending the pardon as constitutionally appropriate, Foster’s mother, Sheila Foster, expressed her disappointment, calling the pardon “absolutely unacceptable” to their family. She vowed to continue fighting for justice for Garrett.
The shooting incident, which Perry claimed was in self-defense under Texas’ “Stand Your Ground” law, sparked further controversy and calls for a federal investigation by 14 Democratic attorneys general. The possibility of federal charges being brought against Perry is being considered.
Garza expressed his commitment to pursuing justice through the state’s legal system, while also welcoming federal scrutiny of the case. The incident occurred during widespread protests against police brutality and racial injustice following the death of George Floyd.
Minnesota Attorney General Keith Ellison emphasized the importance of free speech and peaceful protest in combating injustice, condemning vigilante violence and deprivation of fundamental liberties.
The hasty pardon granted by Abbott has raised concerns about potential interference with jury verdicts in the future. Text messages and social media posts revealing Perry’s negative views towards Black Lives Matter protests were unsealed after the verdict, adding to the controversy surrounding the case.
