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Gov. Abbott working to pardon Army sergeant convicted of murdering BLM rioter who pointed AK-47 at him

Texas Gov. Greg Abbott on June 22, 2020. (Ricardo B. Brazziell/Austin American-Statesman/TNS)
April 10, 2023

Texas Gov. Greg Abbott said over the weekend that he is working “as swiftly as Texas law allows” to pardon an Army sergeant who was recently convicted of murder for shooting a Black Lives Matter demonstrator who pointed an AK-47 at him.

“I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry,” Abbott tweeted with a statement on Saturday.  

“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 continued. “Unlike the president or some other states, the Texas Constitution limits the Governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles. Texas law does allow the Governor to request the Board of Pardons and Paroles to determine if a person should be granted a pardon. I have made that request and instructed the Board to expedite its review.”

“I look forward to approving the Board’s pardon recommendation as soon as it hits my desk,” he added. “Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal.”

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On Friday, Army Sgt. Daniel Perry was convicted of murder for fatally shooting Garrett Foster, a Black Lives Matter demonstrator who was carrying an AK-47 at the time. Because the BLM demonstrator pointed his gun at Perry, the Austin Police Department determined Perry acted in self-defense.

According to Perry’s defense team, Perry was working as an Uber driver in July 2020 when BLM protesters surrounded his car and began pounding on it. One of the protesters raised an AK-47 at Perry, at which point Perry opened fire with his legal handgun.

“When Garrett Foster pointed his AK-47 at Daniel Perry, Daniel had two tenths of a second to defend himself. He chose to live,” attorney Doug O’Connell told Fox News Digital in a statement last year.

“It may be legal in Texas to carry an assault rifle in downtown Austin. It doesn’t make it a good idea. If you point a firearm at someone, you’re responsible for everything that happens next.”