Texas prosecutor appeals Abbott's pardon of man who killed BLM protester

A Texas prosecutor filed an appeal Tuesday of Republican Gov. Greg Abbott's full pardon of a man who fatally shot a Black Lives Matter demonstrator in 2020. 

Daniel Perry fatally shot Garrett Foster in the summer of 2020 in Austin, Texas. He was convicted in 2023, and sentenced to 25 years in prison, but he was pardoned by Abbott last month. The pardon was recommended by the state Board of Pardons and Paroles. Abbott justified by the pardon by arguing the death was self defense, and legal under the state's "Stand Your Ground" law.

Travis County District Attorney José Garza said he filed the appeal because Abbott's pardon had made a mocker of the United States judicial system, and put politics above justice. Garza also claimed Perry had other alternatives than a pardon, because he could have appealed the verdict.

“We will continue to use the legal process to seek justice,” Garza said in a news conference, reported by the Associated Press. “People all across the country are outraged about what happened to Garrett, what happened to his family. We’re grateful for their request and would echo their request.”

The appeal will now go in front of nine conservative judges who were elected to the Court of Criminal Appeals.

Prosecutors in the case had claimed that Perry could have driven away from Foster, and did not need to shoot him. They also argued that Foster, who was white, never raised his gun at Perry. But defense lawyers claimed he did raise his gun, forcing Perry, who is also white, to shoot. The jury debated the conviction for two days.

The guilty verdict drew condemnation from Republican lawmakers and supporters, prompting the review from the Texas parole board. Abbott's pardon came after he promised to do whatever was recommended by the board. 

Sheila Foster, the mother of Garrett Foster, claimed the pardon was "completely unacceptable." 

“We will fight this until we get justice for Garrett,” Foster said at the news conference. “My own child was killed on American soil for doing nothing but practicing his First and Second Amendment rights. And our governor just said, ‘That’s OK. That’s acceptable.’”

Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.