Travis County District Attorney José Garza has announced plans to file a request to reverse a pardon issued by Governor Greg Abbott to former Army soldier Daniel Perry, who shot and killed a Black Lives Matter protester in 2020. Garza intends to file a writ of mandamus with the Court of Criminal Appeals in an effort to undo the pardon, arguing that the actions of the Board of Pardons and Paroles and the governor were contrary to the law. He believes that the sanctity of the rule of law in Texas needs to be restored through legal intervention.
Governor Abbott had granted a full pardon to Perry after his conviction for the shooting death of Garrett Foster, a BLM protester and Air Force veteran who was legally carrying an AK-47 rifle at the time of the incident in downtown Austin. Perry, who was stationed at Fort Hood at the time of the shooting, claimed he fired in self-defense when Foster allegedly pointed a rifle at him. However, witnesses testified that they did not see Foster raise his weapon, and prosecutors argued that Perry could have driven away without resorting to violence. Perry was convicted and sentenced to 25 years in prison.
The move to reverse the pardon has been met with criticism and claims of political theater. Perry’s attorney, Doug O’Connell, believes that Garza’s attempt to challenge the pardon is motivated by political reasons. O’Connell argues that the pardon power of the executive branch is a well-established Constitutional authority and questions the validity of the legal challenge. However, Garza and his team are determined to pursue the reversal in order to uphold the rule of law and prevent what they see as an abuse of authority by Governor Abbott.
The decision to reverse the pardon has also garnered support from Foster’s mother, Shiela Foster, who believes that justice has not been served in her son’s case. She accuses Governor Abbott of circumventing his authority and violating the Separation of Powers Doctrine by granting the pardon to Perry. The move to challenge the pardon represents a broader effort by Garza to take a progressive stance on criminal justice issues in his role as district attorney, including rejecting criminal charges for some suspects before they appear in court.
Despite the legal and political implications of the case, the focus remains on seeking justice for the victim of the shooting, Garrett Foster. The circumstances surrounding his death, the legal challenges to the pardon, and the broader implications for the Texas criminal justice system highlight the complexities and controversies surrounding the case. As the legal battle over the pardon continues, the role of the courts and the separation of powers in addressing such cases will be closely scrutinized. The outcome of this legal challenge could have far-reaching implications for future cases involving controversial pardons and the balance of power between different branches of government in Texas.
