A jury found a U.S. army Sgt. guilty of murdering Daniel Perry at a Black Lives Matter protest in Austin, Texas

A jury found a U.S. Army Sgt. guilty on Wednesday. Texas Gov. Greg Abbott said he would like Daniel Perry to be pardoned for his murder at a Black Lives Matter protest.

Police in Austin say that a man drove his car into an intersection that was blocked by protesters. He paused for a few seconds to let the demonstrators cross the street, but after he ran a red light, he put the horn back on. The prosecution said that the encounter began when he ran the light and turned into the crowd. Both Foster and White were legally armed during the confrontation between them.

The key question for the jury in the Texas case was whether the state’s “stand your ground” law could have been used to justify the shooting of Perry.

The Texas Board of Paroles has been a cautious steward of the power of clemency in our state for a long time. “We look forward to working with the Board to present all evidence necessary for its consideration.”

“The board will be commencing that investigation immediately” and will report to the governor with recommendations after the investigation is completed, Rachel Alderete, a spokesperson for the board, told CNN.

The legal process around the case is still ongoing, so it is troubling that Abbott is intervening in it.

The state and federal courts can overturn the conviction if they find it to be contrary to the rule of law, according to the attorney.

During the eight-day trial, dozens of witnesses testified, and forensic evidence was presented. The jury took about 17 hours to reach a unanimous verdict on Friday. (The jury found him not guilty of aggravated assault with a deadly weapon, and a deadly conduct charge is pending with the county attorney’s office.)

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Prosecutors argued Perry had instigated the incident and introduced into evidence messages that suggested the shooting was not a spur-of-the-moment act but a premeditated one. One of the most damning was Perry’s Facebook message to a friend before the shooting that he might “kill a few people on my way to work. They are rioting outside my apartment complex.” Defense attorneys said that Foster had threatened Perry by pointing his gun at Perry.

On his Fox News show on Friday night, Carlson called on Abbott to pardon Perry, arguing that the defendant had acted in self-defense – despite the jury rejecting that argument. Carlson attacked the prosecutor, accusing him of being an antisemitic putdown by using the billionaire Jewish philanthropist’s name. If you have the wrong politics in Texas, Carlson said, you will not be allowed to defend yourself.

Did Jackson cite evidence showing that the jury had made a mistake? Nope. But like some other Republicans, he dog-whistled the name Soros, saying, “don’t let a Soros-owned Austin liberal DA destroy our justice system.”

The jury knew of the Stand Your Ground law. It determined that he was guilty after looking at the facts in the case. If the verdict is so clearly wrong, then lawyers for the defendant should file an appeal. Clint Broden said his client would appeal the verdict.

As the Texas pardons board weighs a request from the governor for an expedited review of the conviction of an Army sergeant who fatally shot a protester at a Black Lives Matter rally, an attorney for the victim’s family is calling for the full legal process to play out first, including sentencing and an appeal.

Daniel Perry vowed to defend himself against police brutality on the night of July 25, 2020, when he was a rideshare driver

The jury found him not guilty on a charge of felony assault with a deadly weapon, but that charge still has to be filed with the office of the county attorney.

Perry’s attorneys filed a motion Tuesday asking for a new trial, arguing that the defense team was not allowed to introduce evidence they believe showed Foster repeatedly instigated confrontations and harassed other drivers on the streets before the night of the deadly shooting.

“Make no mistake, without intervention from the Governor, the defendant’s conviction would be reviewed by both state and federal courts who will examine the record to ensure that no legal errors were made at this level and that the evidence supported the conviction,” Garza said.

In a statement, he said that he wrote a letter to the Texas Board of Pardons and Paroles on Tuesday asking to present evidence to jurors in the case.

He also asked the board to meet with Foster’s family and consider the public safety implications of their decision before making a final recommendation.

The civil attorney of Foster’s family criticized Abbott for having a pardon before the sentencing and appeals process.

“Nobody, including the Governor of the State of Texas, should shut down that process, and any attempt to do so threatens the rule of law for all of us,” Brogdon said.

On the night of July 25, 2020, Perry, an active duty sergeant at nearby Fort Hood, was working as a rideshare driver to make extra money, his attorney Clint Broden previously said.

The prosecution contended that the encounter started when he ran a red light to turn into the crowd gathered for the police brutality protest and then posted on social media about shooting protesters.

Then-Austin Police Chief Brian Manley said officers responded to a 911 call in which the caller stated they had just shot someone who approached their car window and pointed a rifle at them.

Source: https://www.cnn.com/2023/04/11/us/daniel-perry-greg-abbott-pardon-case-explained/index.html

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“This was intentional. It was aggressive and he accelerated into a crowd of protesters,” Sasinowski said. “He could have waited for us to pass or he could have gone slowly. We would have allowed him to go through.”

CNN has asked for more information on how long the investigation could take and whether the appeal process needs to play out before the board can make a recommendation.

The board uses research-based parole Guidelines to assess the likelihood of an offenders successful parole against the risk of society, according to its website.

Board members are appointed by the governor with the advice and consent of the Senate. The board has seven members, four of whom were reappointed by Abbott during his time in office.

The governor has the power to pardon any crime after conviction, except treason or impeachment – but only if a majority of board members approve the recommendation, according to the Texas Department of Criminal Justice.

In 2021, the board, citing procedural errors, withdrew George Floyd’s Clemency recommendation after it previously voted unanimously to recommend a full posthumous pardon of Floyd for a 2004 drug conviction, according to hearing minutes provided by the board to CNN.

Supporters of the laws, including the National Rifle Association, say they give people the right to protect themselves, no matter where they are. Critics say the laws encourage violence and allow for legal racial bias.