Ex-prosecutor blames 'politics' and hating Black Lives Matter as an excuse for Greg Abbott pardoning killer
Sarah K. Burris
April 09, 2023
Greg Abbott (Photo by DSergio Flores for AFP)
When a member of the Charlottesville "Unite the Right" rally rammed his car into a crowd of people, killing one young woman, the man was charged with murder and a slate of other crimes and marched off to prison. When an active-duty Army sergeant working as a ride-share driver, opened fire into a crowd of Black Lives Matter protesters in 2020 and a jury sent him to jail, the Texas governor came rushing to his side.
Gov. Greg Abbott now claims that the state's "Stand Your Ground" law protected Perry because people surrounded his car. Perry, who was a whopping 70 miles from his base, actually turned his car into the crowd of people, forcing them to surround his car because he was pushing through them with the car.
Perry was convicted by a jury of his peers and hasn't even appealed his case yet, but Abbott is attacking a "progressive prosecutor" for the case and announced he'd step in.
"He encounters these protesters, and rather than turn around and leave, he drives his car into the middle of them, and you can't forget Charlottesville, where people were killed by a car doing the exact same thing," said former federal prosecutor Michael Zeldin. "So as he's approached by the victim, instead of again leaving the scene as he could have, he opens fire on him. The jury deliberates 17 hours, Jim over an eight-day trial, and they convict him of murder."
Perry used the "right to defend himself" as the defense, and the jury rejected it. Instead of supporting the judicial system, Abbott wants to go a different route, which Zeldin called nothing more than politics.
"The judge and Gov. Abbott should let the jury's verdict stand," Zeldin explained. "There's no basis in law or fact for this. So, it, therefore, smacks of politics because this was a Black Lives Matter protester and you can't ignore that context."
See his full comments with Jim Acosta below or at the link here.
Ex-prosecutor blames 'politics' and hating Black Lives Matter as excuse for Abbott killer cop pardon
Austin DA says it's 'deeply troubling' that Texas Gov Abbott wants to pardon Army sergeant convicted of murder
Paul Best
Sun, April 9, 2023
Travis County District Attorney José Garza hit back at Texas Gov. Greg Abbott over the weekend, saying it is "deeply troubling" that the governor wants to pardon Sgt. Daniel Perry after he was convicted of murder for shooting and killing a Black Lives Matter protester during the violent 2020 riots.
Perry was found guilty on Friday of murdering Garrett Foster, an Air Force veteran who was carrying an AK-47 during a protest in downtown Austin in July 2020. Attorneys for Perry argued that he acted in self-defense after Foster raised the rifle at him, while prosecutors alleged that Perry instigated the shooting.
"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," Garza said in a statement on Sunday.
"In our legal system… a jury that gets to decide whether a defendant is guilty or innocent - not the Governor."
Sgt. Daniel Perry was found guilty of murder on Friday for shooting and killing a Black Lives Matter protester in downtown Austin on July 25, 2020.
Garza's statement came after Gov. Abbott criticized the conviction, saying that he has already asked the Board of Pardons and Paroles to review Perry's case and determine whether he should be granted a pardon.
"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 in a statement on Saturday. "I look forward to approving the Board's pardon recommendation as soon as it hits my desk."
Whitney Mitchell, Foster's fiancée, told the Austin American-Statesman that she "felt some sense of justice and relief when the jury rendered its verdict."
"But 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," Mitchell told the local newspaper. "I hope the governor never again claims that he stands for victims' rights."
FAMILY OF TEXAS BLM PROTESTER KILLED BY ARMY SERGEANT SUES SHOOTER, UBER
Perry was working as an Uber driver on July 25, 2020, when he encountered a large Black Lives Matter demonstration in downtown Austin. He told police that a group of protesters encircled his vehicle and that Foster raised the AK-47, prompting him to open fire with a handgun in self-defense.
Perry drove away from the scene and called police before being released that night. One year later in July 2021, a jury indicted Perry for murder and aggravated assault with a deadly weapon.
Detective David Fugitt, who has since retired after a three-decade career with Austin police, interviewed Perry on the night of the shooting and was the lead investigator on the case. After the grand jury indicted Perry for murder, Fuggit said in a sworn affidavit that Garza's office forced him to remove exculpatory evidence from his presentation to the grand jury.
"It became clear to me that the District Attorney’s Office did not want to present evidence to the grand jury that would be exculpatory to Daniel Perry and/or to show that witness statements obtained by the family of Garrett Foster and/or their attorneys were inconsistent with prior interviews such ‘witnesses’ gave the police and/or the video of the incident in question," Fugitt wrote in the affidavit, which was later dismissed by a judge.
Fugitt was called as a witness this week by Perry's defense team and testified that he did not arrest Perry on the night of the shooting because he thought there was a legitimate argument for self-defense.
Garrett Foster, left, was shot and killed while attending a Black Lives Matter protest with an AK-47 in downtown Austin.
He also said in court that there was no evidence Perry accelerated into the crowd, and that Foster's gunshot wounds indicate he was in a bladed tactical stance when he approached Perry's door, according to Fox 7 Austin.
GOFUNDME REMOVES PAGE SUPPORTING ARMY SERGEANT WHO SHOT AND KILLED ARMED BLACK LIVES MATTER PROTESTER
Prosecutors keyed in on past messages and social media posts by Perry before the shooting to demonstrate his state of mind. On May 31, 2020, two months before the shooting, Perry sent a message that said, "I might have to kill a few people on my way to work they are rioting outside my apartment complex." Other messages included, "I might go to Dallas to shoot looters," and, "I only shoot the ones in front and push the pedal to the metal," according to Fox 7 Austin.
Perry faces up to life in prison when he is sentenced. Garza said Sunday that the judge "will be able to consider and evaluate additional evidence" during the sentencing hearing.
District Attorney Jose Garza in Austin on Nov. 18, 2021.
Abbott, meanwhile, said he has "prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal." Texas Attorney General Ken Paxton also lashed out at Garza after the conviction.
"This week has shown us how rogue prosecutors have weaponized the judicial system," Paxton said. "They must be stopped!"
Garza, who is supported by funding from leftwing billionaire George Soros, was first elected in 2020 and faces reelection next year, has been condemned for what critics say are soft-on-crime policies.
An investigation by local news outlet KVUE in 2021 found that Garza's office had dismissed dozens of felony cases for serious crimes, including aggravated robbery and assault of a pregnant woman.
Fox News Digital's Kyle Morris and Andrew Mark Miller contributed to this report.
Paul Best
Sun, April 9, 2023
Travis County District Attorney José Garza hit back at Texas Gov. Greg Abbott over the weekend, saying it is "deeply troubling" that the governor wants to pardon Sgt. Daniel Perry after he was convicted of murder for shooting and killing a Black Lives Matter protester during the violent 2020 riots.
Perry was found guilty on Friday of murdering Garrett Foster, an Air Force veteran who was carrying an AK-47 during a protest in downtown Austin in July 2020. Attorneys for Perry argued that he acted in self-defense after Foster raised the rifle at him, while prosecutors alleged that Perry instigated the shooting.
"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," Garza said in a statement on Sunday.
"In our legal system… a jury that gets to decide whether a defendant is guilty or innocent - not the Governor."
Sgt. Daniel Perry was found guilty of murder on Friday for shooting and killing a Black Lives Matter protester in downtown Austin on July 25, 2020.
Garza's statement came after Gov. Abbott criticized the conviction, saying that he has already asked the Board of Pardons and Paroles to review Perry's case and determine whether he should be granted a pardon.
"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 in a statement on Saturday. "I look forward to approving the Board's pardon recommendation as soon as it hits my desk."
Whitney Mitchell, Foster's fiancée, told the Austin American-Statesman that she "felt some sense of justice and relief when the jury rendered its verdict."
"But 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," Mitchell told the local newspaper. "I hope the governor never again claims that he stands for victims' rights."
FAMILY OF TEXAS BLM PROTESTER KILLED BY ARMY SERGEANT SUES SHOOTER, UBER
Perry was working as an Uber driver on July 25, 2020, when he encountered a large Black Lives Matter demonstration in downtown Austin. He told police that a group of protesters encircled his vehicle and that Foster raised the AK-47, prompting him to open fire with a handgun in self-defense.
Perry drove away from the scene and called police before being released that night. One year later in July 2021, a jury indicted Perry for murder and aggravated assault with a deadly weapon.
Detective David Fugitt, who has since retired after a three-decade career with Austin police, interviewed Perry on the night of the shooting and was the lead investigator on the case. After the grand jury indicted Perry for murder, Fuggit said in a sworn affidavit that Garza's office forced him to remove exculpatory evidence from his presentation to the grand jury.
"It became clear to me that the District Attorney’s Office did not want to present evidence to the grand jury that would be exculpatory to Daniel Perry and/or to show that witness statements obtained by the family of Garrett Foster and/or their attorneys were inconsistent with prior interviews such ‘witnesses’ gave the police and/or the video of the incident in question," Fugitt wrote in the affidavit, which was later dismissed by a judge.
Fugitt was called as a witness this week by Perry's defense team and testified that he did not arrest Perry on the night of the shooting because he thought there was a legitimate argument for self-defense.
Garrett Foster, left, was shot and killed while attending a Black Lives Matter protest with an AK-47 in downtown Austin.
He also said in court that there was no evidence Perry accelerated into the crowd, and that Foster's gunshot wounds indicate he was in a bladed tactical stance when he approached Perry's door, according to Fox 7 Austin.
GOFUNDME REMOVES PAGE SUPPORTING ARMY SERGEANT WHO SHOT AND KILLED ARMED BLACK LIVES MATTER PROTESTER
Prosecutors keyed in on past messages and social media posts by Perry before the shooting to demonstrate his state of mind. On May 31, 2020, two months before the shooting, Perry sent a message that said, "I might have to kill a few people on my way to work they are rioting outside my apartment complex." Other messages included, "I might go to Dallas to shoot looters," and, "I only shoot the ones in front and push the pedal to the metal," according to Fox 7 Austin.
Perry faces up to life in prison when he is sentenced. Garza said Sunday that the judge "will be able to consider and evaluate additional evidence" during the sentencing hearing.
District Attorney Jose Garza in Austin on Nov. 18, 2021.
Abbott, meanwhile, said he has "prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal." Texas Attorney General Ken Paxton also lashed out at Garza after the conviction.
"This week has shown us how rogue prosecutors have weaponized the judicial system," Paxton said. "They must be stopped!"
Garza, who is supported by funding from leftwing billionaire George Soros, was first elected in 2020 and faces reelection next year, has been condemned for what critics say are soft-on-crime policies.
An investigation by local news outlet KVUE in 2021 found that Garza's office had dismissed dozens of felony cases for serious crimes, including aggravated robbery and assault of a pregnant woman.
Fox News Digital's Kyle Morris and Andrew Mark Miller contributed to this report.
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