Greg Abbott, the Republican Governor of Texas, has been facing major criticism from legal experts after claiming that he is moving quickly to pardon a man convicted of killing a racial justice protester in 2020. The governor’s actions have caused an uproar, and rightfully so.
On Friday, an Austin jury found U.S. Army sergeant Daniel Perry guilty of murder and aggravated assault with a deadly weapon in the shooting death of Garrett Foster, a White, 28-year-old Air Force veteran who was participating in a Black Lives Matter protest.
And it probably wasn’t a difficult verdict to reach.
Why?
On July 25th, 2020, Perry tweeted that he “might have to kill a few people on my way to work” as an Uber driver and then proceeded to drive his vehicle into a group of people peacefully protesting for racial justice in downtown Austin.
As Foster, who was also armed but in accordance with state law, pushed his wheelchair-bound fiancée, Perry opened his window and without warning fired four shots from his .357 Magnum pistol at the former’s chest and abdomen. When asked by police if Foster had pointed his rifle at him, Perry admitted that he did not, but said that “I didn’t want to give him a chance to aim at me.”
Following a week-long trial and lengthy discussions, the Austin jury declined Perry’s plea of self-defense. Nevertheless, Gov. Abbott has already initiated the process for Perry’s pardon, insisting Texas has a ‘stand your ground’ self-defense law.
But, in order for it to be self-defense the defendant must prove a legitimate threat existed. How could it be self-defense when Foster was simply minding his own business?
Fact 1: The morning of the murder, Perry, via Twitter, literally said what his plan was. He “might have to kill a few people on his way to work.”
“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,” Abbott wrote.
“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.
Fact 2: Never at any time was Foster, who was pushing his fiancee’s wheelchair, a threat. He was killed for simply being at a BLM rally.
David Wahlberg, a former Travis County criminal court judge, said he has never heard of a case in which a governor sought to pardon a convicted felon before their verdict was appealed.
“I think it’s outrageously presumptuous for someone to make a judgment about the verdict of 12 unanimous jurors without actually hearing the evidence in person,” Wahlberg told the Austin American-Statesman.
Wendy Davis, known for her experience as a Texas state lawmaker and Fort Worth’s former city councilmember, described Governor Abbott’s decision as nothing more than a “political ploy without any sense of principles”.
Fact 3: Perry was justifiably found guilty of murder by a jury of his peers under Texas law. Period.
“Our democracy is imperiled when any branch of government moves to usurp another,” Davis argued on Twitter. “And it’s happening all over this country on a regular basis.”
Just a day after Tucker Carlson from Fox News expressed his disapproval regarding the so-called lack of self-defense laws in Texas, Abbott ran to the rescue with his announcement.
Unprincipled indeed.
The governor was put under great duress by right-wingers like Kyle Rittenhouse, who was cleared of all accusations of killing two racial justice protestors and injuring another in Kenosha, Wisconsin in 2020.
The actions of the Austin police officers in 2020 also have been called into question with Abbott threatening to exonerate them for attacking and injuring Black Lives Matter protesters. This has caused great controversy and questions surrounding the safety of citizens and their right to peacefully protest. It has also raised concerns about racism and police accountability for misconduct.
With Abbott’s threat, it is unclear if justice will be served or if those officers will be absolved of their actions.
This clearly sends a message that, in Texas, it’s an open killing season on peaceful Black protesters and the Whites who stand with them. Even if you’re found guilty without a reasonable doubt, the governor will pull strings for you.
All a killer has to say is, “I didn’t perceive the victim to be a threat at any time, but I killed him just in case.”
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