AUSTIN, Texas — Travis County District Attorney José Garza is asking the Texas Board of Pardons and Paroles to review the evidence associated with the Daniel Perry case.
Following Gov. Greg Abbott's request for the board to provide Perry with a pardon, Garza has submitted a request to meet with the board to discuss evidence.
On Friday, April 8, a Travis County jury found Daniel Perry guilty of murder after he shot and killed protester Garrett Foster in July 2020. The jury found Perry not guilty of aggravated assault, the other charge he faced.
Perry claims he shot Foster in self-defense after he encountered a group of demonstrators while he was working as a rideshare driver in Downtown Austin.
In a statement on Saturday, Abbott seemed to back Perry’s claim of self-defense in the incident.
“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,” Abbott said. “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. 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.”
Abbott said should the board recommend a pardon in the case, he would approve it “as soon as it hits my desk.”
“Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal,” he said.
KVUE has reached out to Abbott, a former attorney general, for additional comment on how he reached this decision. The trial was not broadcast, and Abbott attended no portion of the two-week trial that included about 40 witnesses. We have not heard back from the governor.
On Sunday, Garza responded to Abbott's move to pardon Perry, saying, "A jury gets to decide whether a defendant is guilty or innocent – not the governor."
Garza then sent a request to David Gutiérrez, chair of the Board of Pardons and Paroles, and the other members of the board to create an appointment to discuss the evidence presented throughout the case. Garza also implored the board to hear from Foster's family members.
KVUE Senior Reporter Tony Plohetski confirmed Perry's defense team has filed a motion for a new trial, alleging in part that the court, in error, "excluded key evidence" that they say shows Foster and protesters were the "first aggressor," not Perry.
Garza's full letter is below:
"I write to request an appointment before the Board to allow the Office of the Travis County District Attorney to present to you evidence relating to the ongoing criminal case, State of Texas v. Daniel Perry, D1-DC-21-900007, prior to your final recommendation to the Governor. In addition, I ask that you request to hear from the family of the victim, Garrett Foster, before you make your final recommendation.
"As you are aware, four days ago on Good Friday, a Travis County jury worked through the holiday until they finalized their decision just after 4pm to find the defendant guilty of one count of murder for the offense of shooting and killing Mr. Garrett Foster. The jury issued its judgment after deliberating for over fifteen hours and hearing eight days of testimony. Both counsel for the State and counsel for the defense conducted themselves professionally and competently. I am grateful for the service of all the attorneys in this case.
"Before making any decision, I implore you to review the trial transcript, evidence from trial officials that may have an impact on public safety, and request input from the victim’s family as to how a pardon may impact them. Later today, Judge Clifford Brown, the Presiding Judge of the Travis County Criminal District Courts, will determine a time and date for the sentencing of the defendant. As soon as I am apprised of that date and time, I will communicate it to you in the hope that we can find a mutually agreeable time for a presentation by the State after the sentencing but before your final recommendation to the Governor."