AUSTIN, Texas — The Texas Board of Pardons and Paroles has begun its clemency review directed by Gov. Greg Abbott in the case of Daniel Perry, who was convicted of murder in the shooting death of a Black Lives Matter protester in 2020.
Multiple emails obtained by the KVUE Defenders and the Austin American-Statesman show board officials and Travis County DA Jose Garza are in the midst of conversations about when prosecutors can make a presentation to argue against the pardon.
The revelation that the board is now actively considering a possible pardon for Perry - a former Army sergeant and self-avowed racist - could reignite a political firestorm in this case. Some view the effort to undo Perry's conviction in the death of Garrett Foster as a political maneuver that undermines the justice system. Others see it as correcting an injustice.
Board general counsel Bettie Wells wrote Garza on Feb. 7 that the board would look to meet with prosecutors in late March or early April and that – “we will move forward with interviews/meetings of other persons and schedule a time to meet with you and your staff afterwards.”
Separately, KVUE has confirmed that former Austin police detective David Fugitt, who investigated the case and deemed the shooting justified, met with the board in January.
Whitney Mitchell – Garrett Foster’s fiancé – also wants her chance to be heard.
Mitchell was with Foster that night in June 2020 in downtown Austin. The case centered on whether Perry was justified in shooting Foster, who had a rifle.
Abbott asked the board to expedite a review of the case, saying that the conviction violated the state’s Stand Your Ground Law. Prosecutors argued that Perry instigated the incident by driving into the protest and had documented animosity toward the social justice movement.
Abbott sought the request from the board after ultra-conservative voices such as Tucker Carlson and Kyle Rittenhouse demanded the pardon. Under Texas law, the board must issue a recommendation before the governor can act.
In a statement, the board said in part that they're “still in the process of investigating Daniel Perry for a possible pardon recommendation to the governor. Upon completion of the investigation and vote, the decision of the Board of Pardons and Paroles will be available."
That seven-member board is appointed by Abbott. There is no timeline for when a decision will be made.
Perry was sentenced to 25 years in prison. In addition to possibly being freed, a pardon would allow him to run for office and vote, among other rights restored.