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A Texas district attorney is seeking to overturn Texas Gov. Greg Abbott’s pardon of Daniel Perry, a U.S. Army sergeant who was convicted of murdering a Black Lives Matter protester in 2020.
Travis County District Attorney José Garza announced Tuesday that his office will file a writ of mandamus petition to the Texas Criminal Court of Appeals, arguing that Abbott overstepped his authority and meddled in the judicial process when he pardoned Perry last month. At a news conference, Garza said that Abbott and the Board of Pardons and Paroles “put their politics over justice and made a mockery of our legal system.”
Perry was convicted of murder in May last year for fatally shooting Garrett Foster, a U.S. Air Force veteran, at a Black Lives Matter protest in 2020. Perry is white, as was Foster.
Pointing to Perry’s social media posts and text messages, prosecutors argued that Perry was racist and hostile to the Black Lives Matter movement. He was sentenced to 25 years in prison.
Not 24 hours after Perry’s conviction, Abbott vowed to pardon him and directed the parole board — made up of members he appointed — to review the case. Last month, upon the urging of prominent conservative pundits, Abbott went through with the pardon.
The Republican governor’s decision sparked a partisan firestorm. Late last month, Democratic attorneys general in several states urged the Justice Department to investigate the Perry case, expressing concern that the Texas “stand your ground” laws that Abbott cited in his pardon may “encourage vigilantes to attend protests armed and ready to shoot and kill those who exercise their First Amendment rights.”
Abbott responded to Garza’s announcement on Tuesday, writing on X that he had the authority to pardon Perry.
Doug O’Connell, Perry’s attorney, also criticized Garza’s filing in a post on X. “Sadly, this is more political theater by Jose Garza,” he wrote. “The pardon power of the executive branch is a well settled Constitutional authority.”
Garza’s chances at undoing the pardon may be slim; all nine judges on the Criminal Court of Appeals are elected Republicans. Still, he told reporters on Tuesday: “We’re hopeful that the Court of Criminal Appeals will do the right thing.”