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US Army BLM Protestor Killer Gets 25 Years


FILE: Whitney Mitchell, right, receives a hug from a friend as she attends a sentencing hearing for U.S. Army Sgt. Daniel Perry, who was convicted of murder for fatally shooting her fiance, Garrett Foster, in 2020, in Austin, Texas. Taken Tues. May 9, 2023.
FILE: Whitney Mitchell, right, receives a hug from a friend as she attends a sentencing hearing for U.S. Army Sgt. Daniel Perry, who was convicted of murder for fatally shooting her fiance, Garrett Foster, in 2020, in Austin, Texas. Taken Tues. May 9, 2023.

AUSTIN, TEXAS - A U.S. Army sergeant plans to appeal his 25-year prison sentence for fatally shooting an armed man during a Black Lives Matter protest in Texas, and will cooperate with efforts by the state's Republican governor to issue a pardon, his attorney said Wednesday.

Daniel Perry, 36, was convicted of murder in April for killing 28-year-old Garrett Foster during the downtown Austin protest in July 2020.

“After three long years we’re finally getting justice for Garrett,” the victim's mother, Sheila Foster, told the court after sentencing Wednesday.

“Mr. Perry, I pray to God that one day, he will get rid of all this hate that is in your heart,” she said.

Perry attorney Clinton Broden said in a statement that his client would appeal. He called Perry's conviction the product of “political prosecution” and said the defense team would “fully cooperate in the pardon process.”

Perry’s conviction prompted outrage from prominent conservatives, and Gov. Greg Abbott, citing Texas' Stand Your Ground laws, has said he would sign a pardon once a recommendation from the Texas Board of Pardons and Paroles hits his desk

The board — which is stacked with Abbott appointees — is reviewing Perry’s case on the governor’s orders, but it is unclear when it will reach a decision.

District Judge Clifford Brown delivered a statement during sentencing that didn’t address the potential pardon directly. But he insisted that Perry had a “fair and impartial trial” and that the jury’s decision “deserves our honor and it deserves to be respected.”

Travis County District Attorney Jose Garza said it was Abbott “who decided to insert politics in this case.”

Perry was stationed at Fort Hood, about 110 kilometers north of Austin, when the shooting happened. He had just dropped off a ride-share customer and turned onto a street filled with protesters.

Perry said he was trying to get past the crowd and fired his pistol when Foster pointed a rifle at him. Witnesses testified that they did not see Foster raise his weapon, and prosecutors argued that Perry could have driven away without shooting.

Perry claimed he acted in self-defense.

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