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Daniel Perry

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GAVE DANIEL PERRY JOB CHOKEHOLD KILLER

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Daniel Perry was convicted of murdering Black Lives Matter protester Garrett Foster in Austin, Texas, in 2020, but was later pardoned by Texas Governor Greg Abbott. [1]

The 2020 Shooting

Trial and Conviction

The Pardon and Aftermath

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Murder of Garrett Foster - Wikipedia

On July 25, 2020, Garrett Foster, a 28-year-old man, was murdered in Austin, Texas, by 30-year old Daniel Perry. Perry had driven into a crowd of protesters during a Black Lives Matter protest following the May 2020 police murder of George Floyd in Minneapolis, Minnesota.

Foster, who had been legally open carrying an AK-47, approached Perry's vehicle, and Perry shot and killed him. Perry claimed that he had acted in self-defense, but in April 2023, a jury found him guilty of murder. He was acquitted of an aggravated assault charge. On May 10, 2023, he was sentenced to 25 years in prison for murder.[3]

Perry had made numerous posts and direct messages on social media expressing his desire to shoot protesters, which, along with statements that contradicted eyewitness accounts, brought into question his claim of self-defense. Following his murder conviction, messages were revealed to the public in which described himself as "a racist" and called black protesters "monkeys".[2]

On May 16, 2024, Texas Governor Greg Abbott pardoned Perry after recommendation by the Texas Board of Pardons and Paroles, and he was released from prison.[4][5] Abbott had requested a pardon recommendation from the Board and ordered them to expedite the process.[6][7]

Murder

On July 25, 2020, Daniel Perry, a then-30-year old United States Army sergeant, had been working his Uber shift when he encountered a protest against police brutality that was blocking the road. Perry originally stopped and honked his car horn at the protesters, but later ran a red light and drove his car into the crowd.[8]

Garrett Foster, a 28-year old white[9] United States Air Force veteran who was legally open carrying an AK-47 walked up to Perry in an attempt to tell him to stop driving into the crowd.[10] After he walked up to Perry's vehicle, Perry fired five shots, striking Foster four times, including three times in the torso and once in the arm, and two of the bullets left exit wounds.[11][12][13] Perry claimed self-defense and claimed that Foster had pointed his weapon at him, but eyewitnesses contradicted this account.[14][15]

When Perry was interviewed by police about what happened before the shooting and how Foster held his gun, Perry said: "I believe he was going to aim it at me ... I didn't want to give him a chance to aim at me, you know."[16][17]

Trial and conviction

Trial

In July 2021, nearly a year after the killing, a Travis County grand jury indicted Perry on charges of murder and aggravated assault. Perry turned himself in and was shortly released from jail on a $300,000 bond.[18]

Perry's trial for the murder of Foster took place at the end of March 2023 to the beginning of April 2023, nearly three years after the incident. The prosecution argued that since Foster had been exercising his right to open carry, there was no justification for Perry shooting him. The prosecution revealed that Perry had made multiple posts and direct messages on social media expressing his desire to shoot Black Lives Matter protesters, writing in messages, "I might have to kill a few people on my way to work, they are rioting outside my apartment complex," and "I might go to Dallas to shoot looters." A friend of Perry's responded to him warning him of instigating protesters, stating, "We went through the same training ... Shooting after creating an event where you have to shoot, is not a good shoot."

Perry had expressed his support for violence against protesters on at least three social media posts, suggesting in one post to "shoot center of mass" because "it is a bigger target", and in another stated, "Send [protesters] to Texas we will show them why we say you don't mess with Texas."[1][19][20]

Perry had also stated that someone could shoot protesters and get away with it by claiming self-defense. Perry's defense claimed that Texas's stand-your-ground law protected him legally and that he had feared for his life, after the defense alleged that Foster had pointed his weapon at Perry. The prosecution contended that there was no evidence that Foster had pointed his weapon, and other eyewitnesses contradicted this account by the defense. The prosecution also focused on the fact that Foster's weapon was recovered with its safety on and no cartridge in the chamber, so it would not have made sense for him to point his weapon.[19] Jurors were shown footage of Perry's police interrogation, where he said regarding Foster and how Foster held his weapon: "I believe he was going to aim it at me ... I didn't want to give him a chance to aim at me".[16][17] Perry's defense stated that his autism influenced his decision to kill Foster.[21]

On April 7, 2023, after a week of deliberations, the jury found Perry guilty of murder, but not guilty of aggravated assault, with friends and family of Perry breaking down in tears as the guilty verdict was read. Foster's father stated, "We're happy with the verdict. We're very sorry for [Perry's] family as well. There's no winners in this. Just glad it's over." Perry faced between 5 years to life in prison.[22][23]

On April 13, 2023, a state district judge unsealed court records that revealed more anti-protester social media posts, racist messages, and sexually predatory online advances made by Perry that the jury did not see or hear. Among these included Perry declaring "I am a racist," and comparing the Black Lives Matter movement to "monkeys" multiple times, and also as "animals at the zoo".[2] He also stated in a text, "To [sic] bad we can't get paid for hunting Muslims in Europe."[24] Soon after murdering Foster, Perry searched for "degrees of murder charges".[25] Evidence was also revealed from when Perry's phone was seized, where Perry searched on the Safari web browser "good chats to meet young girls on Kik", an app infamously known for hosting grooming, and had talked sexually with a 16-year-old girl on the app.[26][25][24]

On May 3, 2023, Perry's request for a new trial was denied.[27] On May 10, 2023, he was sentenced to 25 years in prison.[3] He would have been eligible for parole in 12+1⁄2 years. If he served his full sentence, he would have been released in mid-2048.[28]

Pardon

Following Perry's conviction, conservative commentators and politicians urged Texas Governor Greg Abbott to pardon Perry, supporting Perry's self-defense claim. These calls for a pardon included Texas U.S. Representative Ronny Jackson.[29] Abbott directed the Texas Board of Pardons and Paroles to consider a pardon for Perry on an expedited basis; he said, "I look forward to approving the Board's pardon recommendation as soon as it hits my desk."[30] Under the Texas Constitution, the governor does not have the sole delegated authority to pardon. The governor may only issue a pardon after the recommendation of the Board of Pardons and Paroles.[31]

On May 16, 2024, after Perry had served about one year and one month in prison, Governor Greg Abbott pardoned Perry while stating that "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."[4] The pardon was a "Full Pardon and Restoration of Full Civil Rights of Citizenship" which, in particular, restored Perry's right to own guns.[5] Perry was released from prison on the same day as his pardon.[32]

In June 2024, Travis County District Attorney José Garza indicated his office would file a writ of mandamus with the Texas Court of Criminal Appeals seeking to reverse the pardon, which he deems to be unlawful. Abbott responded on X saying it was within his constitutional authority to grant the pardon.[33][34] The Court of Criminal Appeals dismissed Garza's writ of mandamus three weeks later.[35]

Perry still faces a misdemeanor deadly conduct charge, which carries a maximum punishment of one year in jail.[36] A judge ruled in January 2025 that Perry would still face trial for the deadly conduct charge.[37] The charge concerns him allegedly endangering the pedestrians on Congress Avenue with his vehicle.[38] In March 2026, a judge declared a mistrial during jury selection because 29 of the 50 jurors summoned indicated bias from media exposure and others were unwilling to serve on the one week trial. A new trial was set for October 2026.[39]

Reactions

Perry's pardon received mixed reactions among prominent Texas political figures. Texas Attorney General Ken Paxton, Republican US House Representative Chip Roy, and Texas GOP Chairman Matt Rinaldi expressed support for the pardon, while Democratic figures, including Beto O'Rourke, Texas House Representative Ron Reynolds, Texas Democratic Party Chairman Gilberto Hinojosa[40] and U.S Representative Colin Allred[41] opposed it. Travis County District Attorney José Garza said the decision was a "mockery of our legal system" and that the "Board and the Governor have put their politics over justice."[42]

Foster's fiancée, Whitney Mitchell, said she was "heartbroken by this lawlessness," and that Abbott has shown that "only certain lives matter." She said in a full statement, "[Abbott] has made us all less safe. Daniel Perry texted his friends about plans to murder a protestor he disagreed with. After a lengthy trial, with an abundance of evidence, 12 impartial Texans determined he that he carried out that plan, and murdered the love of my life."[21]

New York Attorney General Letitia James sent a letter, signed by 13 other Democratic attorneys general, to US Attorney General Merrick Garland calling for the US Department of Justice to open a civil rights investigation into Perry.[43]

Notes

  1. Perry was released from prison on May 16, 2024, following his pardon. He had served one year and one month at the time of his pardon.

References

MMA

Fox News defends Texas man convicted of murdering Black Lives Matter protester and attacks DA who prosecuted the case

Texas Gov. Greg Abbott announced that he would seek a pardon for convicted murderer Daniel Perry after Fox's Tucker Carlson asked him to

Written by Spencer Silva

Research contributions from Torri Lonergan

Published 04/12/23

Fox News personalities are rallying behind Daniel Perry, a Texas man who was convicted of murdering a Black Lives Matter protester, and attacking the district attorney overseeing his case.

On April 7, a Travis County jury convicted Perry of murdering a protester at a Black Lives Matter rally in 2020. Perry, then an active-duty Army sergeant and ride-share driver, shot and killed an armed protester named Garrett Foster. In June 2020, a month before the shooting, Perry texted a friend saying, “I might have to kill a few people on my way to work, they are rioting outside my apartment complex.” Perry’s attorney claimed that he was acting in self-defense, but witnesses indicated that he was driving dangerously close to protesters and that Foster never aimed his weapon at Perry. The jury sided with witnesses who contradicted Perry.

Nonetheless, Tucker Carlson and other Fox News personalities defended Perry and attacked Travis County District Attorney José Garza, whose office prosecuted the case, claiming that Garza unfairly targeted an upstanding conservative and is a shill for philanthropist George Soros.

Carlson campaigns for pardon and rails against “Soros-funded” DA guilty of “legal atrocity”

The same day Perry was convicted, Carlson dedicated a segment of his show to arguing that Perry had acted in self-defense against a “mob of rioters” that included Foster, whom Carlson smeared as “a militant with a history of waving his rifle at people.” Carlson also blamed Austin’s “Soros-funded” district attorney for engineering a politically motivated murder charge, claiming that “means in the state of Texas, if you have the wrong politics, you’re not allowed to defend yourself.”

Carlson ended the segment by criticizing Texas Republican Gov. Greg Abbott for his apparent unwillingness to discuss the “legal atrocity” on Carlson's show. Abbott’s absence, Carlson argued, amounted to an endorsement of the murder conviction. “So that is Greg Abbott’s position: There is no right of self-defense in Texas.”

The next day, Abbott answered Carlson’s call and tweeted that he was “working as swiftly as Texas law allows regarding the pardon of Sgt. Perry.”

Video

Citation

From the April 7, 2023, edition of Fox News' Tucker Carlson Tonight

Carlson and Fox News have demonstrated a pattern of blaming “Soros-backed” district attorneys and prosecutors for supposedly allowing crime to go unchecked, but then reflexively defending acts of violence committed against left-wing protestors by perpetrators sympathetic to its right-wing audience. Perhaps the most memorable example is Kyle Rittenhouse, the Illinois resident who shot several protesters — killing two — during a 2020 protest in Kenosha, Wisconsin, and subsequently rose to right-wing fame.

In fact, Carlson called upon Rittenhouse to help him plead Perry’s case during his April 10 prime-time show. The two spent an entire segment petitioning Abbott to pardon Perry. Rittenhouse told Carlson that Perry “defended himself” and argued that Perry “knows what he did was right.” For his part, Carlson said, “George Soros can’t pay for people to put his political opponents in jail and then have a Republican governor ignore it.”

After Rittenhouse was acquitted of homicide charges in 2021, Carlson lavished praise on Rittenhouse, calling him a “sweet kid,” while other Fox personalities and guests described Rittenhouse as “a bit of an icon” and a “good kid” who just did “what the government should have done.”

Fox personalities lionize Perry and criticize “activist DA” who “doesn't believe in law and order”

As with Rittenhouse, Fox News is lionizing Perry and framing him as a victim of a “Soros-backed” district attorney with a political agenda:

Video

Citation

From the April 11, 2023 edition of Fox News' Fox & Friends First

In other segments, Boothe claimed that, in Perry’s situation, “I would shoot” and argued that the “far-left Austin DA” and other progressives do not want citizens to defend themselves. “What it comes down to is these DAs, these progressive DAs in the country, they don’t want you to engage in self-defense,” she argued. “I guess you're just supposed to allow yourself to die?”

Video

Citation

From the April 10, 2023, edition of Fox News' America Reports

Video

Citation

From the April 11, 2023, edition of Fox News' Outnumbered

//

Tucker Carlson claims that George Soros is funding the “collapse of civilization”

  1. 09/13/22 8:50 PM EDT

Tucker Carlson claims America is under government run anarchy thanks to a “Soros-inspired justice system”

  1. 04/03/23 8:32 PM EDT

Fox News has ignored Trump's incitement of violence and racist attack on DA Alvin Bragg

  1. 03/24/23

99%

The Bernie Goetz case was really ground zero for this in New York city and really the nation because Rupert Murdoch’s New York post will become Fox News and Bernie Goetz will become that everyman–that resentful, rage-filled everyman–that over time will be allowed to do whatever he wants, even legally, as long as he just says he felt threatened.

ROMAN MARS: And the decades after, we have had more people enacting the Death Wish fantasy, taking their idea of justice into their own hands. In 2012, George Zimmerman, a neighborhood watch volunteer in Sanford, Florida, saw a Black teenager in a dark hoodie walking down the street. Zimmerman said he thought the teen was casing the area, looking for houses to rob. But rather than wait for police, Zimmerman got out of his car and gunned down 17-year-old Trayvon Martin. Trayvon had no weapons, only a bag of Skittles in his pocket. In 2020, Kyle Rittenhouse showed up at a Black Lives Matter protest in Kenosha, Wisconsin, with an AR-15 style rifle. He said he went to protect local businesses–to do what he thought law enforcement could not. Rittenhouse shot three people, killing two and wounding another.

HEATHER ANN THOMPSON: The modern day version of this kind of unleashing of rage and violence is perhaps not surprisingly much more extreme. How can it be that Kyle Rittenhouse can literally show up at a protest, guns in hand, and shoot three people, kill people, and have people celebrate him?

TUCKER CARLSON: Kyle Rittenhouse struck us as bright, decent, sincere, dutiful, and hardworking. Exactly the kind of person you’d want many more of in your country…

ROMAN MARS: Then, in 2023, Daniel Penny, a former Marine, got on the same New York City subway as Jordan Neely, a 30-year-old, unarmed, Black man. Neely was in the middle of a mental health crisis, and he began to shout and act erratically. Penny grabbed Neely from behind, brought him to the ground, and placed him in a chokehold for several minutes.

HEATHER ANN THOMPSON: Daniel Penny, like Bernie Goetz, deemed him threatening and killed him.

ROMAN MARS: And here, just like the other two cases, the same thing happened. They all claim self-defense. And they’re all lionized.

SEAN HANNITY: Daniel Penny was a good Samaritan. Put his own life at risk…

LARRY KUDLOW: I think he deserves a medal. New York needs this…

ROMAN MARS: And this support, it doesn’t stop with conservative media. It reaches beyond to billionaire businessmen, even the president of the United States.

ELLIOT WILLIAMS: Just put on your imagination hat and imagine if Daniel Penny is a Black man and Jordan Neely is a white man and Daniel Penny kills Jordan Neely in a chokehold. Close your eyes and imagine. Does Donald Trump invite him to sit in his private box at the Army-Navy game weeks later, after his acquittal? And I think the answer is no. Does Andreessen Horowitz, the most prestigious venture capital firm on the planet, give him a job offer days after his acquittal? And I think again the answer is no.