A U.S. Army sergeant convicted of murder in the fatal shooting of an armed protester during a Black Lives Matter demonstration in Texas was sentenced to 25 years in prison on Wednesday morning.
Daniel Perry faced up to life in prison for fatally shooting 28-year-old Garrett Foster nearly three years ago. Perry was working as a ride-share driver in downtown Austin on the summer night in 2020 when he killed Foster, a white Air Force veteran.
Foster was legally carrying an AK-47 rifle as he participated in the demonstration against police killings and racial injustice in downtown Austin when he was fatally shot.
Perry, who is also white, was convicted of Foster's murder in April. On Wednesday morning, a Travis County judge announced his 25-year sentence with credit for time served, according to KXAN-TV in Austin. Prosecutors asked for a minimum sentence of 25 years, while the defense pushed for just 10.
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Shortly after Perry's conviction, Gov. Greg Abbott pushed for the chance to pardon him by requesting an expedited review of the case by the state's Board of Pardon and Paroles. The board, which is stacked with Abbott appointees, has already begun though it's not clear specifically what action they've taken on the case and it's also not clear when the parole board will reach a decision. The governor has not said publicly how he came to his conclusion about seeking the pardon.
Judge Clifford A. Brown delivered a statement during sentencing Wednesday 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."
GREG ABBOTT
Perry's two-day sentencing hearing began Tuesday with the state presenting dozens of pages of text messages and social media posts that they said demonstrated his hostile views of the Black Lives Matter protests following the killing of George Floyd, a Black man, by a white Minneapolis police officer.
According to evidence presented by prosecutors Tuesday, Perry wrote on Facebook a month before the shooting: "It is official I am a racist because I do not agree with people acting like animals at the zoo."
Perry's attorneys objected to the statements as taken out of context and said Perry had a right to free speech.
Brown said although excluded at trial, the messages may be considered relevant in the punishment phase.
Forensic psychologist Greg Hupp testified that he believed Perry has post-traumatic stress disorder from his deployment to Afghanistan and being bullied as a child, and that he may also be on the autism spectrum disorder. Perry did not see combat but was near a soldier who shot themself in the head, Hupp said.
Foster's girlfriend, Whitney Mitchell, described how she and Foster started dating shortly after high school. She described a devoted partner who took care of her everyday needs after an infection led to the amputation of her hands and feet when she was 18.
Foster joined the Air Force in 2011 but left in 2013 to be with her.
"He took care of me," Mitchell said through tears. "That's why he wanted to come back, to take care of me. He would wash my face, do my hair, he helped me put my clothing on, he helped put on my makeup ... He helped me when I couldn't do anything."
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 said he acted in self-defense. His lawyers asked the judge to consider his more than decadelong military career and hand down a sentence of no more than 10 years. He has been classified as in "civilian confinement" and is ending separation from the military, Army spokesman Bryce Dubee said.
Prosecutor Guillermo Gonzalez had urged Brown to issue a sentence of at least 25 years. The sentencing range for a murder conviction is five years to life in prison.
"This man is a loaded gun, ready to go off at any perceived threat," Gonzalez said. "He's going to do it again."
Perry's conviction prompted outrage from prominent conservatives including former Fox News star Tucker Carlson, who called the shooting an act of self-defense and criticized Abbott for not coming on his show.
Abbott, a former judge who has not ruled out a 2024 presidential run, tweeted the next day that "Texas has one of the strongest ‘Stand Your Ground' laws" and that he looked forward to signing a pardon once a recommendation from the Texas Board of Pardons and Paroles hits his desk.
Perry served in the military for more than a decade and was stationed at Fort Hood, about 70 miles (110 kilometers) north of Austin. He had just dropped off a ride-share customer on July 25, 2020, when he turned onto a street filled with protesters.
Perry said he was trying to get past the crowd blocking the street when Foster pointed a rifle at him. Perry said he fired at Foster in self-defense. Witnesses testified that they did not see Foster raise his weapon, and prosecutors argued that Perry could have driven away without shooting.
Floyd was killed on May 25, 2020. A few days later, according to court documents, Perry sent a text message to an acquaintance as protests over Floyd's death got underway.
"I might go to Dallas to shoot looters," Perry wrote.
