The Texas prosecutor seeking to overturn a pardon granted by Governor Greg Abbott to Daniel Perry, who was convicted of murdering a Black Lives Matter protester, is facing an uphill battle according to legal experts. Travis County District Attorney José Garza has requested the Texas Court of Criminal Appeals to overturn the pardon, which legal experts believe is unprecedented. The court consists of nine Republican judges, making it unlikely that they will reverse Abbott’s decision, which could lead them to choose between doing the right thing or siding with the governor. However, some experts believe that Garza’s bid stands on solid legal ground as the pardon process is intended to occur at the end of criminal justice proceedings.
While some experts support Garza’s efforts and believe he is rooted in achieving a just result, others are less certain. In Texas, the governor’s authority to grant pardons is well-established and typically not subject to judicial review. The attempt to challenge the governor’s pardon is unique and garnering attention from legal scholars, who have never encountered a similar situation in Texas. Garza claims that Abbott violated the constitutional separation of powers doctrine by intervening in the court’s actions, and believes that the legal system should determine the guilt or innocence of an individual, not a governor’s pardon.
The case in question involves Daniel Perry who was convicted of fatally shooting Garrett Foster, a protester at a BLM demonstration in Austin in 2020. Abbott had vowed to pardon Perry as quickly as legally possible, citing the state’s “Stand Your Ground” laws as justification for his decision. Perry was released from prison following the pardon, despite being found guilty of murder in a court of law. He claimed self-defense, stating that Foster had pointed a rifle at him during the demonstration, and therefore, he was justified in opening fire from inside his vehicle. Prosecutors argued that there was no evidence to support Perry’s claims and attempted to portray him as a racist through texts and social media posts.
Garza’s decision to challenge Abbott’s pardon has received support from Foster’s family who believe that justice was served with Perry’s original conviction and sentencing. They feel that Abbott’s intervention undermined the legal process and sent a message that violence against protesters is acceptable. The case has sparked discussion among legal experts regarding the limits of a governor’s pardon power and the potential for judicial review in such cases. While the outcome remains uncertain, Garza’s petition signals a unique legal challenge that could set a precedent for future cases of gubernatorial pardons in Texas.
