AUSTIN, Texas — KVUE has obtained a letter from the Austin Police Department (APD) that was nearly sent to the Texas Board of Pardons and Paroles that strongly advocates for the release of, and full clemency for, Daniel Perry, the man who was tried and convicted in the shooting death of Black Lives Matter protester Garrett Foster in 2020.
The letter, which has the signature line of APD Interim Police Chief Robin Henderson, asserts that the prosecution of Perry was based on conjecture and innuendo and that it amounted to a character assassination of Perry, echoing the beliefs of the lead investigator in the case.
The department was on the verge of sending the letter to the Texas Board of Pardons and Paroles but held back before hitting "send."
What the letter says
The draft letter claims that a 12-person jury that convicted Perry in 2023 came to the wrong conclusion – one different from those inside APD.
The draft document states: “As law enforcement officers, we are bestowed the honorable duty to investigate, collect and provide complete and honest unbiased facts to the citizens of this state. This unbiased collection and presentation of evidence must be conducted separate from political and emotional influence."
The letter goes on to say; “This duty is not taken lightly and is essential for justice to occur in order for the public to maintain trust in a system that is designed to protect the innocent while at the same time holding those who violate the law accountable.”
The letter concludes: “We collectively feel that for justice to be served, a full pardon and restoration of his firearm rights should be granted to Mr. Perry.”
The letter provides a window into how Austin police viewed the case – beyond the finding of lead investigator David Fugitt, who has since retired from the department and fought on Perry’s behalf.
Official reaction
In the days leading up to Perry’s pardon, the Board of Pardons and Paroles reached out to APD, the Travis County sheriff’s office and the judge in the case to see if they wished to offer input on the proposed pardon. APD was the only one to accept the offer.
"Ultimately, the drafted letter was not submitted," APD Interim Chief Robin Henderson told KVUE. "After discussions with city leadership, as is standard in certain situations, I decided not to submit the letter."
The next day, the Board of Pardons and Paroles recommended Perry’s clemency, Gov. Greg Abbott issued a proclamation granting the pardon and Perry walked out of prison – just over a year after his conviction in April 2023.
Austin Mayor Kirk Watson addressed APD's letter in a statement that read, "Whether the letter was sent is irrelevant. This is not an appropriate role for the Austin Police Department, and those words have no place on official letterhead."
Travis County District Attorney José Garza said in a statement Tuesday that the jury heard evidence that Perry's attack was "deliberate and premeditated."
“Although that evidence was available to APD, they did not investigate those facts, nor did the Interim Chief of Police attend the trial," Garza said. "Had she been at the trial, she would have known that Mr. Perry had a full and fair opportunity to argue the killing was in self-defense and that, after deliberate consideration, the jury did not find that it was in self-defense."
Garza's statement continued to say that he is grateful for the jury and that, "unlike the Interim Chief of Police, I believe that jury service is a foundation of our criminal justice system, and their verdict should not be disturbed."
Austin Councilmember Vanessa Fuentes also released a statement, saying she is, "Disappointed to learn that APD leadership considered advocating for pardoning a convicted murderer, Daniel Perry. This shows disregard for due process & is a slap in the face to our justice system. I'm seeking to understand why city officials would consider such an unusual action."
Austin Councilmember Zo Qadri echoed similar sentiments in his statement saying, "Perry sent texts about "hunting Muslims". Perry texted friends: "I might go to Dallas to shoot looters". Calling out his racist violence isn't character assassination - listen to his own words. I am deeply concerned why APD would consider supporting a pardon for Daniel Perry."
Perry’s attorneys have said that their client is eager to begin a new life and may try to return to the military.