Murder of Garrett Foster

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Murder of Garrett Foster
LocationAustin, Texas, U.S.
DateJuly 25, 2020; 3 years ago (2020-07-25)
Attack type
Murder by shooting, vehicle-ramming attack
VictimGarrett Foster, aged 28
PerpetratorDaniel Perry
MotiveExtremist opposition to the Black Lives Matter movement
Verdict
ConvictionsMurder (pardoned)
Charges
Sentence25 years in prison (parole possible after 12+1⁄2 years; released after 1 year)

On July 25, 2020, Garrett Foster, a 28-year-old man, was murdered in Austin, Texas by 30-year old Daniel Perry. Perry had driven into a crowd of protesters during a Black Lives Matter protest following the May 2020 police murder of George Floyd in Minneapolis, Minnesota. Foster, who had been legally open carrying an AK-47, approached Perry's vehicle, and Perry shot and killed him. Perry claimed that he had acted in self-defense, but in April 2023, a jury found him guilty of murder. He was acquitted of an aggravated assault charge. On May 10, 2023, he was sentenced to 25 years in prison for murder.[1]

Perry had made numerous posts and direct messages on social media where he had expressed his desire to shoot protesters, which, along with contradictory statements to eyewitness accounts, brought into question his claim of self-defense. Following his murder conviction, messages Perry sent of him self-identifying as "a racist" and of him calling black protesters "monkeys" were revealed to the public.[2]

On May 16, 2024, Texas Governor Greg Abbott pardoned Perry.[3][4]

Murder

On July 25, 2020, Daniel Perry, a then-30-year old United States Army sergeant, had been working his Uber shift when he encountered a protest against police brutality that was blocking the road. Perry originally stopped and honked his car horn at the protesters, but later ran a red light and drove his car into the crowd.[5] Garrett Foster, a 28-year old United States Air Force veteran who was legally open carrying an AK-47 walked up to Perry in an attempt to tell him to stop driving into the crowd.[6] After he walked up to Perry's vehicle, Perry shot and killed Foster. Perry claimed self-defense and claimed that Foster had pointed his weapon at him, but eyewitnesses contradicted this account.[7][8]

When Perry was interviewed by police about what happened before the shooting and how Foster held his gun, Perry said: "I believe he was going to aim it at me … I didn’t want to give him a chance to aim at me, you know."[9][10]

Trial and conviction

In July 2021, nearly a year after the killing, a Travis County grand jury indicted Perry on charges of murder and aggravated assault. Perry turned himself in and was shortly released from jail on a $300,000 bond.[11]

Perry's trial for the murder of Foster took place at the end of March 2023 to the beginning of April 2023, nearly three years after the incident. The prosecution argued that since Foster had been exercising his right to open carry, there was no justification for Perry shooting him. The prosecution revealed that Perry had made multiple posts and direct messages on social media expressing his desire to shoot Black Lives Matter protesters, writing in messages, "I might have to kill a few people on my way to work, they are rioting outside my apartment complex," and "I might go to Dallas to shoot looters." A friend of Perry's responded to him warning him of instigating protesters, stating, "We went through the same training ... Shooting after creating an event where you have to shoot, is not a good shoot." Perry had expressed his support for violence against protesters on at least three social media posts, suggesting in one post to "shoot center of mass" because "it is a bigger target", and in another stated, "Send [protesters] to Texas we will show them why we say you don’t mess with Texas."[12][13][14]

Perry had also stated that someone could shoot protesters and get away with it by claiming self-defense. Perry's defense claimed that Texas's stand-your-ground law protected him legally and that he had feared for his life, after the defense alleged that Foster had pointed his weapon at Perry. The prosecution contended that there was no evidence that Foster had pointed his weapon, and other eyewitnesses contradicted this account by the defense. The prosecution also focused on the fact that Foster's weapon was recovered with its safety on and no cartridge in the chamber, so it would not have made sense for him to point his weapon.[13] Jurors were shown footage of Perry's police interrogation, where he said regarding Foster and how Foster held his weapon: "I believe he was going to aim it at me … I didn’t want to give him a chance to aim at me".[9][10]

On April 7, 2023, after a week of deliberations, the jury found Perry guilty of murder, but not guilty of aggravated assault, with friends and family of Perry breaking down in tears as the guilty verdict was read. Foster's father stated, "We're happy with the verdict. We're very sorry for [Perry's] family as well. There's no winners in this. Just glad it's over." Perry faced between 5 years to life in prison.[15][16]

On April 13, 2023, a state district judge unsealed court records that revealed more anti-protester social media posts and racist messages made by Perry that the jury did not see or hear. Among these included Perry declaring "I am a racist," and comparing the Black Lives Matter movement to "monkeys" multiple times, and also as "animals at the zoo".[2] He also stated in a text, "To [sic] bad we can't get paid for hunting Muslims in Europe."[17] Evidence was also revealed from when Perry's phone was seized, where Perry searched on the Safari web browser "good chats to meet young girls on Kik", and had talked sexually with a 16-year-old girl on the app.[18][19][17]

On May 3, 2023, Perry's request for a new trial was denied.[20] On May 10, 2023, he was sentenced to 25 years in prison.[1] He would have been eligible for parole in 12+1⁄2 years. If he served his full sentence, he would have been released in mid-2048.[21]

Pardon

Following Perry's conviction, conservative commentators and politicians began to urge Texas Governor Greg Abbott to pardon Perry, supporting Perry's self-defense claim. These calls for a pardon of Perry included Texas U.S. Representative Ronny Jackson.[22] Abbott has since directed the Texas Board of Pardons and Paroles to consider a pardon for Perry on an expedited basis; he said, "I look forward to approving the Board’s pardon recommendation as soon as it hits my desk."[23] Under the Texas Constitution, the governor does not have the sole delegated authority to pardon. The governor may only issue a pardon after the recommendation of the Board of Pardons and Paroles.[24]

On May 16, 2024, after Perry had served a few days over one year in prison, Governor Greg Abbott pardoned Perry while stating that "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."[3] The full pardon restored all of Perry's Civil Rights of Citizenship, including the right to own guns.[4]

References

  1. ^ a b "Army sergeant who killed a Black Lives Matter protester in Texas sentenced to 25 years in prison". CNN. May 10, 2023. Retrieved May 10, 2023.
  2. ^ a b "'I am a racist': Daniel Perry's social media posts reveal racist comments, anti-protester views". Austin American-Statesman. Retrieved 2023-05-09.
  3. ^ a b "Governor Abbott Pardons Daniel Perry Following Board Recommendation". gov.texas.gov. Retrieved 2024-05-16.
  4. ^ a b DuPree, Will (16 May 2024). "Gov. Abbott pardons Daniel Perry after he shot, killed protester in 2020". KXAN Austin. Retrieved 16 May 2024.
  5. ^ "Daniel Perry convicted of murder in fatal shooting at Black Lives Matter protest". 7 April 2023. Archived from the original on 2023-04-08. Retrieved 2023-04-11.
  6. ^ Davis, Zuri (27 July 2020). "The Libertarian Party Mourns Garrett Foster, Activist Killed at a Black Lives Matter Protest". Reason. Archived from the original on 9 April 2023. Retrieved 9 April 2023.
  7. ^ Melhado, William (2023-04-08). "U.S. Army sergeant found guilty of murder in 2020 shooting of Austin protester Garrett Foster". The Texas Tribune. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  8. ^ "Travis County jury finds Daniel Perry guilty of murder". kvue.com. April 7, 2023. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  9. ^ a b Taylor, Jessica (April 4, 2023). "Trial continues for Daniel Perry, over Black Lives Matter protest deadly shooting in 2020". KEYE-TV. Archived from the original on April 9, 2023. Retrieved April 9, 2023.
  10. ^ a b Ruiz, Amanda (April 3, 2023). "Daniel Perry's police interview after Garrett Foster's death revealed to jury". Fox 7 Austin. Archived from the original on April 10, 2023. Retrieved April 10, 2023.
  11. ^ Oxner, Reese (2021-07-01). "Army sergeant indicted on murder and aggravated assault charges after fatally shooting Austin protester Garrett Foster in 2020". The Texas Tribune. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  12. ^ "Man who killed Austin BLM protester allegedly tweeted about shooting protesters". The Daily Dot. 31 July 2020. Archived from the original on 9 April 2023. Retrieved 9 April 2023.
  13. ^ a b Marks, Andrea (2023-04-07). "U.S. Army Sgt. Guilty in Murder of BLM Protester". Rolling Stone. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  14. ^ Bingamon, Brant (April 7, 2023). ""Might Have to Kill a Few People"". www.austinchronicle.com. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  15. ^ Donlevy, Katherine (2023-04-08). "Daniel Perry convicted of killing BLM protester Garrett Foster". Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  16. ^ Russ, Julianna; Washington, Jala; Stark, Sam (2023-04-07). "Daniel Perry found guilty of murder in protester's death". Austin, Texas: KXAN-TV. Archived from the original on 2023-04-11. Retrieved 2023-04-14.
  17. ^ a b "Convicted murderer Greg Abbott wants to pardon sought "chats to meet young girls"".
  18. ^ "Court filing in Daniel Perry case".
  19. ^ "'Might have to kill a few people': Documents in Daniel Perry case reveal violent comments".
  20. ^ "Judge rejects motion for new trial for Daniel Perry; murder sentencing set for Tuesday". Austin American-Statesman. Retrieved 2023-05-09.
  21. ^ "A Guide To Parole In Texas Criminal Cases - Shouse Law". 11 June 2020.
  22. ^ Lewis, Kaitlin (2023-04-08). "Texas governor faces Republican pressure over Daniel Perry's conviction". Newsweek. Archived from the original on 2023-04-08. Retrieved 2023-04-08.
  23. ^ Melhado, William (8 April 2023). "Gov. Greg Abbott backs call for pardon for Daniel Perry, who killed Austin protester in 2020". The Texas Tribune. Archived from the original on 10 April 2023. Retrieved 10 April 2023.
  24. ^ "Greg Abbott says he will pardon Army sergeant who killed protester in 2020". The Independent. 9 April 2023. Archived from the original on 9 April 2023. Retrieved 10 April 2023.
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