AUSTIN, Texas — A case involving a Texas man pardoned by the governor earlier this year is back in a Travis County courtroom Tuesday.
Earlier this year, Gov. Greg Abbott pardoned Daniel Perry after he was convicted of murder for shooting and killing Garrett Foster during a Black Lives Matter protest in 2020. But the pardon didn't end all of his legal troubles.
Perry faces a deadly conduct charge in connection to his actions on the night of the shooting. Under Texas law, a deadly conduct charge is when a person knowingly discharges a firearm at someone or a building. Specifically, Perry is facing a misdemeanor deadly conduct charge for his actions leading up to the shooting.
If convicted of the deadly conduct charge, Perry faces up to a year in prison. However, he did spend a little more than a year in prison before he was pardoned, so the judge may take that time served into consideration.
Background on this case
On July 25, 2020, Perry was working as a rideshare driver when he turned onto a street where a group of people were protesting police brutality. That wrong turn led to a clash between Perry and Garrett Foster.
According to Perry's lawyers, he dropped off a rideshare customer in Downtown Austin and was then surrounded by demonstrators. Some of them allegedly beat on Perry's car – including Foster, who was holding a rifle.
Perry's lawyers claimed Foster raised the weapon, prompting Perry to shoot him. Perry called 911, but Foster did not survive.
In July 2021, after reviewing evidence, a grand jury indicted Perry with murder, deadly conduct and aggravated assault.
During the murder trial, multiple witnesses discussed the demeanor Perry held during the encounter with Foster and following the shooting, as well as the energy of the protesters and how Foster was holding his gun. Among those who testified were fellow protesters, a citizen journalist, crime scene specialists, a gun examiner and the medical examiner who performed Foster's autopsy, among others.
The jury was also shown videos and photos, and prosecutors shared social media posts to back up their claim that Perry had threatened protesters in the past.
In April 2023, the jury found Perry guilty of murder in connection with Foster's death. Shortly after, Gov. Abbott requested the Texas Board of Pardons and Paroles review the case. Meanwhile, Perry's defense team filed a motion for a new trial that was later denied.
In May 2023, Perry was sentenced to 25 years in prison. In February of this year, the Board of Pardons and Paroles began its clemency review of Perry's case. Later that month, Abbott pardoned Perry, prompting attorneys general in other states to ask the U.S. Department of Justice to investigate.
In June 2024, Travis County District Attorney José Garza filed a petition to reverse Perry's pardon, but it was rejected by the Texas Court of Criminal Appeals.