AUSTIN, Texas — Just 24 hours after a Travis County jury found Daniel Perry guilty in the murder of Garrett Foster, Gov. Greg Abbott said he's requested the Board of Pardons and Paroles expedite its review of Perry's conviction.
But a judge has yet to sentence Perry, and there are concerns the governor's involvement is premature.
Former Travis County District Court Judge Charlie Baird said the governor's comments about a case like this are unprecedented.
Baird said the verdict was initially surprising.
"The more I thought about it, the more it made sense from a rational perspective as far as when you consider the social media comments made by Mr. Perry," said Baird.
At the center of the case was the issue of self-defense. Foster was carrying a rifle during a protest in Downtown Austin in 2020. Perry drove his car into that protest and said he thought Foster raised his gun at him so he opened fire.
During the trial, the jury saw messages Perry sent before that night where he mentioned violence against protesters.
Now, family members of Foster say this whole process has dehumanized Garrett.
Foster's sister, Anna Mayo, said the trial process has taken a toll on her.
"It's just a lot of mental and physical exhaustion during that entire time," said Mayo.
Less than 24 hours after Perry's conviction, Gov. Abbott tweeted he would sign a pardon as soon as it hits his desk.
Baird said he's never seen anything like this in his 40 years of practicing law.
"I think that by seeking a pardon in a situation like this, it undermines the jury's participation in the process," said Baird.
He said the judge still has to determine how much time Perry will spend in prison, and during sentencing he'll hear impact statements from both sides.
"Both sides will have an opportunity to present any evidence that they believe is relevant to the issue of punishment," said Baird.
Baird said an appeal process can last more than a year and a pardon process can happen simultaneously, but he said the governor's involvement sets a "terrible precedent."
"Gov. Abbott didn't attend the trial, does not know anything more about the trial than what the rest of us heard simply through the media," said Baird.
Foster's sister said she wants the court's decision to be respected.
"The jury ultimately came to a decision and it was unanimous. So I don't think that should be disrespected in the way that it has been," said Mayo.